Motricity Inc Watch

from 10-Q 1 page Reference Is Made to the Amended and Restated Promissory Note, Dated February 28, 2012, as Amended by the First Amendment Thereto, Dated as of May 12, 2002 (The "Note"), Made by Motricity, Inc., a Delaware Corporation ("Borrower") in Favor of High River Limited Partnership ("Lender"). All Terms Used Herein Shall, Unless Otherwise Defined, Have the Meanings Ascribed Thereto in the Note. Borrower Has (A) Advised Lender That Its Currently Pending Rights Offering (The "Current Offering") Will Not Be Consummated Until After September 30, 2012 And, Accordingly, Not Constitute a Qualifying Rights Offering Which Under the Note Must Be Consummated by September 30, 2012, and (B) Requested That Lender Treat the Current Offering as a Qualifying Rights Offering for Purposes of Section 3(d) of the Note So That (I) the Current Offering Will Not Be a Corporate Transaction and (II) the Cash Net Proceeds Thereof Will Not Be Required to Be Used to Prepay the Obligations (Other Than, if Any, the Outstanding Balance of Revolving Loans). Borrower Confirms That So Long as the Current Offering Is Consummated on or Prior to October 31, 2012, the Current Offering Shall Be a Qualifying Rights Offering and Therefore, if the Current Offering Is Consummated on or Prior to October 31, 2012 (I) It Shall Not Be a Corporate Transaction and (II) the Cash Net Proceeds Thereof Shall Not Be Required to Be Used to Prepay the Obligations (Other Than, if Any, the Outstanding Balance of Revolving Loans, Which Must Be Prepaid With Such Cash Net Proceeds)

from 8-K 4 pages Agreement

from 8-K 5 pages Agreement

from S-1 88 pages Loan and Security Agreement