REFUNDED BY THE PURCHASER TO THE COMPANY),
AND THE PROVISIONS THEREOF WILL IMMEDIATELY REFORMED AND THE AMOUNTS THEREAFTER
DECREASED, SO AS TO COMPLY WITH THE THEN APPLICABLE
26
USURY LAW, BUT ALSO SO AS TO PERMIT THE RECOVERY OF THE FULLEST AMOUNT OTHERWISE
DUE UNDER THE NOTES. THE COMPANY HEREBY REPRESENTS AND WARRANTS THAT ITS ASSETS
ARE SUFFICIENT TO MEET THE REQUIREMENTS FOR EXEMPTION FROM THE USURY LAWS OF THE
STATE OF CALIFORNIA AS PROVIDED BY SECTION 25118 OF THE CALIFORNIA CORPORATIONS
CODE OR ANY SUCCESSOR STATUTE.
SECTION 7.14.
FURTHER ASSURANCES. THE COMPANY
AGREES TO (I) EXECUTE AND DELIVER, OR CAUSE TO BE EXECUTED AND DELIVERED, ALL
SUCH OTHER AND FURTHER AGREEMENTS, DOCUMENTS AND INSTRUMENTS AND (II) TAKE OR
CAUSE TO BE TAKEN ALL SUCH OTHER AND FURTHER ACTIONS AS ANY PURCHASER
MAY REASONABLY REQUEST TO EFFECTUATE THE INTENT AND PURPOSES, AND CARRY OUT THE
TERMS, OF THIS AGREEMENT.
[Signature page follows]
27
IN WITNESS WHEREOF, the Company and the Purchasers have executed this Note
Purchase Agreement as of the day and year first above written.
DYNTEK, INC.
By:
/s/ Casper Zublin, Jr.
Name:
Casper Zublin, Jr.
Title:
Chief Executive Officer
PURCHASERS:
SACC PARTNERS, L.P.
By:
/s/ Bryant Riley
Name:
Bryant Riley
Title:
General Partner
LLOYD I. MILLER, III
By:
/s/ Lloyd I. Miller, III
Name: Lloyd I. Miller, III
TRUST A-4 - LLOYD I. MILLER
By:
PNC Bank, National Association,
Its: Trustee
By:
/s/ Lloyd I. Miller, III
Name: Lloyd I. Miller, III
Title: Investment Advisor to Trustee
28