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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 6/08/20 Bio Key International Inc 10-Q 3/31/20 78:5.4M RDG Filings/FA |
Document/Exhibit Description Pages Size 1: 10-Q Quarterly Report HTML 443K 2: EX-10.1 Material Contract HTML 85K 3: EX-10.2 Material Contract HTML 109K 4: EX-10.3 Material Contract HTML 107K 5: EX-10.4 Material Contract HTML 32K 6: EX-10.5 Material Contract HTML 198K 7: EX-10.6 Material Contract HTML 104K 8: EX-10.7 Material Contract HTML 94K 9: EX-10.8 Material Contract HTML 96K 10: EX-10.9 Material Contract HTML 30K 11: EX-31.1 Certification -- §302 - SOA'02 HTML 30K 12: EX-31.2 Certification -- §302 - SOA'02 HTML 29K 13: EX-32.1 Certification -- §906 - SOA'02 HTML 24K 14: EX-32.2 Certification -- §906 - SOA'02 HTML 24K 53: R1 Document And Entity Information HTML 55K 33: R2 Condensed Consolidated Balance Sheets (Current HTML 130K Period Unaudited) 41: R3 Condensed Consolidated Balance Sheets (Current HTML 30K Period Unaudited) (Parentheticals) 78: R4 Condensed Consolidated Statements of Operations HTML 91K (Unaudited) 52: R5 Condensed Consolidated Statements of Stockholders' HTML 76K Equity (Deficit) (Unaudited) 32: R6 Condensed Consolidated Statements of Cash Flows HTML 137K (Unaudited) 40: R7 Note 1 - Nature of Business and Basis of HTML 39K Presentation 75: R8 Note 2 - Going Concern HTML 30K 54: R9 Note 3 - Revenue From Contracts With Customers HTML 83K 35: R10 Note 4 - Accounts Receivable HTML 42K 27: R11 Note 5 - Share Based Compensation HTML 32K 50: R12 Note 6 - Factoring HTML 38K 73: R13 Note 7 - Inventory HTML 32K 36: R14 Note 8 - Resalable Software License Rights HTML 35K 28: R15 Note 9 - Investment HTML 27K 51: R16 Note 10 - Related Party Transactions HTML 34K 74: R17 Note 11 - Convertible Notes Payable HTML 84K 37: R18 Note 12 - Leases HTML 45K 26: R19 Note 13 - Earnings Per Share ("Eps") HTML 52K 62: R20 Note 14 - Stockholders' Equity HTML 39K 67: R21 Note 15 - Fair Values of Financial Instruments HTML 27K 45: R22 Note 16 - Major Customers and Accounts Receivables HTML 27K 24: R23 Note 17 - Subsequent Events HTML 35K 63: R24 Significant Accounting Policies (Policies) HTML 39K 68: R25 Note 3 - Revenue From Contracts With Customers HTML 58K (Tables) 46: R26 Note 4 - Accounts Receivable (Tables) HTML 38K 25: R27 Note 5 - Share Based Compensation (Tables) HTML 32K 61: R28 Note 6 - Factoring (Tables) HTML 53K 69: R29 Note 7 - Inventory (Tables) HTML 32K 72: R30 Note 11 - Convertible Notes Payable (Tables) HTML 64K 48: R31 Note 12 - Leases (Tables) HTML 46K 30: R32 Note 13 - Earnings Per Share ("Eps") (Tables) HTML 50K 39: R33 Note 2 - Going Concern (Details Textual) HTML 31K 71: R34 Note 3 - Revenue From Contracts With Customers HTML 31K (Details Textual) 47: R35 Note 3 - Revenue From Contracts With Customers - HTML 50K Disaggregation of Revenue (Details) 29: R36 Note 4 - Accounts Receivable (Details Textual) HTML 42K 38: R37 Note 4 - Accounts Receivable - Summary of Accounts HTML 39K Receivable (Details) 70: R38 Note 5 - Share Based Compensation - Expenses for HTML 27K Continuing Operations (Details) 49: R39 Note 6 - Factoring (Details Textual) HTML 32K 66: R40 Note 6 - Factoring - Due From Factor (Details) HTML 26K 59: R41 Note 6 - Factoring - Fees (Details) HTML 22K 23: R42 Note 7 - Inventory - Components of Inventory HTML 29K (Details) 44: R43 Note 8 - Resalable Software License Rights HTML 43K (Details Textual) 65: R44 Note 9 - Investment (Details Textual) HTML 28K 57: R45 Note 10 - Related Party Transactions (Details HTML 63K Textual) 21: R46 Note 11 - Convertible Notes Payable (Details HTML 136K Textual) 43: R47 Note 11 - Convertible Notes Payable - Convertible HTML 55K Notes Payable (Details) 64: R48 Note 12 - Leases - Operating Lease Balance Sheet HTML 40K Information (Details) 60: R49 Note 12 - Leases - Supplemental Cash Flow HTML 23K Information Related to Leases (Details) 55: R50 Note 12 - Leases - Operating Lease Liability HTML 36K Maturity (Details) 76: R51 Note 13 - Earnings Per Share ("EPS") - HTML 41K Reconciliation of Numerator of Basic and Diluted EPS Calculations (Details) 42: R52 Note 13 - Earnings Per Share ("EPS") - Securities HTML 36K Excluded From the Diluted Per Share Calculation (Details) 31: R53 Note 14 - Stockholders' Equity (Details Textual) HTML 90K 56: R54 Note 16 - Major Customers and Accounts Receivables HTML 40K (Details Textual) 77: R55 Note 17 - Subsequent Events (Details Textual) HTML 68K 34: XML IDEA XML File -- Filing Summary XML 126K 58: EXCEL IDEA Workbook of Financial Reports XLSX 57K 15: EX-101.INS XBRL Instance -- bkyi-20200331 XML 1.16M 17: EX-101.CAL XBRL Calculations -- bkyi-20200331_cal XML 117K 18: EX-101.DEF XBRL Definitions -- bkyi-20200331_def XML 1.08M 19: EX-101.LAB XBRL Labels -- bkyi-20200331_lab XML 867K 20: EX-101.PRE XBRL Presentations -- bkyi-20200331_pre XML 1.09M 16: EX-101.SCH XBRL Schema -- bkyi-20200331 XSD 183K 22: ZIP XBRL Zipped Folder -- 0001437749-20-012660-xbrl Zip 122K
Exhibit 10.9
BIO-KEY INTERNATIONAL, INC.
3349 HIGHWAY 138, BUILDING A, SUITE E
VIA ELECTRONIC MAIL
Re: Amendment No. 2 to Amended and Restated Note
Reference is hereby made to (a) that certain Amended and Restated Senior Secured Convertible Promissory Note (as amended from time to time, including by the Amendment to Amended and Restated Note dated April 12, 2020 and this Amendment No. 2, the “A&R Note”) of BIO-key International, Inc. (the “Company”) dated March 12, 2020 payable to Lind Global Macro Fund, LP (the “Investor”) and (b) the Purchase Agreement (as such term is defined in the A&R Note). The A&R Note superseded and replaced the Senior Secured Convertible Promissory Note of the Company dated July 10, 2019 payable to Investor. Capitalized terms used and not defined herein shall have meanings given to such terms in the A&R Note.
This letter (the “Letter Agreement”) shall serve as Amendment No. 2 to the A&R Note to: (i) amend and restate the definition of “Maturity Date” to be June 12, 2020; and (ii) amend and restate the definition of “Conversion Price” under the A&R Note by deleting Section 3.1(b) of the A&R Note and amending to provide in its entirety as follows:
“The Conversion Price” means (a) at any time up to and including June 12, 2020, $0.65 and (b) from and after June 13, 2020, $1.50, and, in each case, shall be subject to adjustment as provided herein (provided, that any reference to a Conversion Price existing after June 12, 2020 shall not in any manner be considered any waiver by the Holder of any term or condition contained herein, including any obligation on the part of the Maker to repay all amounts outstanding hereunder on the applicable Payment Date in accordance with the provisions hereof).”
Except as expressly stated herein, neither the execution of this Letter Agreement nor the failure of the Investor to exercise any right or remedy constitutes a waiver of any Event of Default (as such term is defined in each of the A&R Note and the Purchase Agreement) or of such right or remedy or any other right or remedy under the A&R Note, the Purchase Agreement or any other Transaction Document.
Except as expressly amended hereby, the A&R Note, the Purchase Agreement and the other Transaction Documents, and all documents, instruments and agreements related thereto are hereby ratified and confirmed in all respects and shall continue in full force and effect. The A&R Note and this Letter Agreement shall be read and construed as a single agreement. All references in the A&R Note or any related agreement or instrument to the A&R Note shall hereafter refer to the A&R Note, as amended hereby. The parties hereto hereby acknowledge, agree and confirm that as of the date hereof, the A&R Note remains in full force and effect, as amended hereby on the effective date of this Letter Agreement.
The Company hereby agrees that a copy of this Letter Agreement may be attached to the A&R Note and as so attached shall constitute an allonge to the A&R Note. This Letter Agreement shall be a Transaction Document for all purposes under the Purchase Agreement and shall be governed by the laws and subject to the exclusive jurisdiction as provided under Section 5.2 and 5.9, respectively, of the A&R Note.
Each party hereto represents that this letter has been duly and validly authorized and approved and that the undersigned signatory is duly and validly authorized to execute and deliver this letter in the name of and on behalf of such party. This letter may be executed in counterpart and delivered electronically, each of which shall be deemed to be an original and both of which together shall constitute one and the same instrument.
Please indicate confirmation of the terms provided herein by executing and returning this letter in the space provided below. This Letter Agreement shall be effective as of the date first written above upon execution and delivery of this Letter Agreement by the Company and the Investor and the Investor having received a fully executed copy of this Letter Agreement.
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Very truly yours, |
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BIO-key International, Inc. |
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By: |
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Name: |
Michael DePasquale |
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Title: |
Chief Executive Officer |
ACCEPTED AND AGREED:
Lind Global Macro Fund, LP
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This ‘10-Q’ Filing | Date | Other Filings | ||
---|---|---|---|---|
6/13/20 | ||||
6/12/20 | 4 | |||
Filed on: | 6/8/20 | 4 | ||
5/13/20 | 8-K | |||
4/12/20 | ||||
For Period end: | 3/31/20 | 8-K | ||
3/12/20 | 8-K | |||
7/10/19 | 8-K | |||
List all Filings |
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 1/30/24 Bio Key International Inc. S-1 5:346K RDG Filings/FA 10/26/23 Bio Key International Inc. S-1/A 9:1M RDG Filings/FA 10/16/23 Bio Key International Inc. S-1 4:473K RDG Filings/FA 6/15/23 Bio Key International Inc. S-1 136:12M RDG Filings/FA 4/01/22 Bio Key International Inc. 10-K 12/31/21 107:9.4M RDG Filings/FA 4/16/21 Bio Key International Inc. POS AM 3:2M RDG Filings/FA 3/29/21 Bio Key International Inc. 10-K 12/31/20 109:8.7M RDG Filings/FA 8/14/20 Bio Key International Inc. 10-Q 6/30/20 78:6.3M RDG Filings/FA |