NOTICE
      OF
      WAIVER

    


    


    This
      Notice of Waiver (“the Waiver”) is made to be effective as of February 15, 2008
      in favor of Attitude Drinks Inc., a Delaware corporation, (the “Company”) by (i)
      Mahoney Associates, (ii) CMS Capital, and (iii) Momona Capital LLC, who are
      holders of the Company’s Secured Convertible Notes issued under that certain
      Subscription Agreement dated as of January 8, 2008 (the “January 8th
      Subscription Agreement”).

    


    WHEREAS,
      the January 8th
      Subscription Agreement and the Secured Convertible Notes issued thereunder
      provide for a Maturity Date “on the sooner of the Second Closing of the
      transaction dated October 23, 2007, or May 7, 2008”;

    


    WHEREAS,
      some of the parties to the transaction dated October 23, 2007 desire to proceed
      to a Second Closing before the effectiveness of a registration statement filed
      by the Company; and

    


    WHEREAS,
      (i) Mahoney Associates, (ii) CMS Capital, and (iii) Momona Capital LLC, each
      desire to waive certain rights under the January 8th
      Subscription Agreement and the Secured Convertible Notes.

    


    NOW
      THEREFORE, in consideration of the promises and mutual covenants contained
      herein and for other good and valuable consideration, the receipt and
      sufficiency of which are hereby acknowledged, (i) Mahoney Associates, (ii)
      CMS
      Capital, and (iii) Momona Capital LLC, each memorialize their waiver of the
      conditions specified so that the Company can issue and deliver the Second
      Closing Notes and Second Closing Warrants in exchange for the funds to be
      delivered by (i) Roy G. Warren, (ii) Alpha Capital Anstalt, and (iii) Whalehaven
      Capital Fund Limited.

    


    As
      evidenced by their signatures below, (i) Mahoney Associates, (ii) CMS Capital,
      and (iii) Momona Capital LLC hereby:

    


    A. waive
      any
      default and extend the Maturity Date under the Secured Convertible Notes until
      the sooner of (i) the actual effectiveness of the Registration Statement filed
      by the Company for the transaction dated October 23, 2007, or (ii) May 7,
      2008;

    


    B. waive
      the
      covenant in Section 9(g) of the January 8th
      Subscription Agreement concerning the use of a transfer agent that is a
      participant in the Depository Trust Company Automated Securities Transfer
      Program as a covenant;

    


    C. accept
      the natural, necessary, and reasonable consequences of the waivers granted
      above.

    


    [continued
      on next page]

    



    
      
         

      

      
         

        
          

        

      

      
         

      

    


    IN
      WITNESS WHEREOF, the undersigned have executed and delivered this Waiver as
      of
      the date first written above.

    


    
      	
              "COMPANY"

            	
              "THE
                COLLATERAL AGENT"

            
	
              ATTITUDE
                DRINKS INC.

            	
              BARBARA
                R. MITTMAN

            
	
              a
                Delaware corporation

            	 
	 	 
	 	 
	
              By:
                /s/

            	
              /s/

            
	
              Its:
                President

            	 


    

     

    “SUBSCRIBERS”:

    


    
      	
              /s/

            	
              /s/

            
	
              CMS
                CAPITAL

            	
              MAHONEY
                ASSOCIATES

            
	 	 
	 	 
	
              /s/

            	 
	
              MOMONA
                CAPITAL LLC

            	 
	 	 
	 	 
	
              ESCROW
                AGENT

            	 
	 	 
	 	 
	
              /s/

            	 
	
              GRUSHKO
                & MITTMAN, P.C.