Exhibit 10.43
AMENDMENT NO. 1 TO THE PROMISSORY NOTE
This Amendment No. 1, dated as of August 19, 2002 (this "Amendment No. 1"), is to the Promissory Note,
dated as of July 30, 2002, (the "Note") between Molecular Diagnostics, Inc., a Delaware corporation (the
"Company"), and the holders of the Notes (the "Investors").
WITNESSETH:
WHEREAS, the Investors purchased the Notes in connection with a bridge financing that closed June 30, 2002;
and
WHEREAS, according to the terms of the Notes, the total outstanding principal balance and accrued and unpaid
interest on the Notes were due July 30, 2002;and
WHEREAS, pursuant to and in compliance with the provisions of Section 19 of the Notes, the Company and the
Investors desire to amend the Notes as hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and agreements herein contained, the Company and the
Investors agree as follows:
1. Section 2 is amended by deleting the date "July 30, 2002" and inserting the new date of "December 31, 2002."
2. Section 3 is amended by deleting the parenthetical phrase "(not less than $.50 and not more than $1.00)," and
to insert the phrase "(not more than $1.00)."
3. Capitalized terms not defined herein shall have the meanings given them in the Notes.
4. This Amendment No. 1 may be executed in any number of counterparts and each of such counterparts shall
for all purposes be deemed to be an original, and all such counterparts shall together constitute but one and the
same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be duly executed and attested as
of the ____ day of August, 2002.
MOLECULAR DIAGNOSTICS, INC.
By: ______________________________
Name: Peter P. Gombrich
Title: Chief Executive Officer
and President
INVESTOR:
By: ______________________________
Exhibit 10.44
INDENTURE
THIS INDENTURE (this "Indenture") is made and entered into as of the first day of October, 2002 by and
between Molecular Diagnostics, Inc., a Delaware corporat