ALLONGE NO. 1 TO SECURED NOTE ISSUED JANUARY 27, 2009
Exhibit
10.1 Allonge No. 1 to Secured Note Issued
January 27, 2009
ALLONGE NO. 1 TO SECURED
NOTE ISSUED JANUARY 27, 2009
This
Allonge No. 1 to Secured Note (“Allonge”) is made as of this 17th day of
February, 2009, by Attitude Drinks Inc., a Delaware corporation (“Borrower”) to
Alpha Capital Anstalt (“Lender”). Reference is hereby made to that
certain Secured Note issued by Borrower to Lender dated January 27, 2009
(“Note”). Except as amended hereby, the terms of the Note remain as
originally stated.
The
Principal Amount as stated on the face of the Note shall be increased by $60,000
(original issue discount) to $120,000.00. Interest on the increased
portion of the Principal Amount shall accrue from the date of this
Allonge. The amendment to the Principal Amount due and owing on the
Note described herein notwithstanding, Lender does not waive interest that may
have accrued at a default rate of interest and liquidated damages, if any, that
may have accrued on the Note through the date of this Allonge, which default
interest and liquidated damages, if any, remain outstanding and
payable.
IN
WITNESS WHEREOF, this Allonge is executed as of the date written
above.
By:
____________________________________
Name:
Title: