December 30, 2010 Thomas D. Underwood 10570 Oxford Mill Circle Alpharetta, Georgia 30022 Dear Tom:Alere Inc. • March 1st, 2011 • In vitro & in vivo diagnostic substances • Georgia
This letter sets forth certain proposed changes to the terms of your stay bonus and severance letter dated November 18, 2009 (the “Retention and Severance Letter”) between you and Alere Health, LLC (f/k/a Alere LLC, f/k/a Matria Healthcare, LLC f/k/a Matria Healthcare, Inc.) (“Alere”), a copy of which is appended hereto as Exhibit A. By your signature hereon, accepting and agreeing to the terms and conditions set forth herein, the Retention and Severance Letter shall be amended effective as of the date first written above,
FIRST AMENDMENT TO SECOND LIEN CREDIT AGREEMENTSecond Lien Credit Agreement • March 1st, 2011 • Alere Inc. • In vitro & in vivo diagnostic substances • New York
THIS FIRST AMENDMENT, dated as of December 17, 2009 (this “Amendment”), to the Credit Agreement referred to below, by and among IM US HOLDINGS, LLC, a Delaware limited liability company (the “Borrower”), the other Loan Parties signatory hereto (the “Loan Parties”), INVERNESS MEDICAL INNOVATIONS, INC., a Delaware corporation (“Holdings”), the Lenders signatory hereto (collectively, the “Lenders”) and GENERAL ELECTRIC CAPITAL CORPORATION, as collateral agent and administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
SECOND AMENDMENT TO SECOND LIEN CREDIT AGREEMENTSecond Lien Credit Agreement • March 1st, 2011 • Alere Inc. • In vitro & in vivo diagnostic substances • New York
THIS SECOND AMENDMENT, dated as of December 7, 2010 (this “Amendment”), to the Credit Agreement referred to below, by and among ALERE US HOLDINGS, LLC (f/k/a IM US Holdings, LLC), a Delaware limited liability company (the “Borrower”), the other Loan Parties signatory hereto (the “Loan Parties”), ALERE INC. (f/k/a Inverness Medical Innovations, Inc.), a Delaware corporation (“Holdings”), the Lenders signatory hereto (collectively, the “Lenders”) and GENERAL ELECTRIC CAPITAL CORPORATION, as collateral agent and administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
SECOND AMENDMENT TO FIRST LIEN CREDIT AGREEMENTFirst Lien Credit Agreement • March 1st, 2011 • Alere Inc. • In vitro & in vivo diagnostic substances • New York
THIS SECOND AMENDMENT, dated as of December 17, 2009 (this “Amendment”), to the Credit Agreement referred to below, by and among IM US HOLDINGS, LLC, a Delaware limited liability company (the “Borrower”), the other Loan Parties signatory hereto (the “Loan Parties”), INVERNESS MEDICAL INNOVATIONS, INC., a Delaware corporation (“Holdings”), the Lenders signatory hereto (collectively, the “Lenders”) and GENERAL ELECTRIC CAPITAL CORPORATION, as collateral agent and administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
THIRD AMENDMENT TO FIRST LIEN CREDIT AGREEMENTFirst Lien Credit Agreement • March 1st, 2011 • Alere Inc. • In vitro & in vivo diagnostic substances • New York
THIS THIRD AMENDMENT, dated as of December 7, 2010 (this “Amendment”), to the Credit Agreement referred to below, by and among ALERE US HOLDINGS, LLC (f/k/a IM US Holdings, LLC) , a Delaware limited liability company (the “Borrower”), the other Loan Parties signatory hereto (the “Loan Parties”), ALERE INC. (f/k/a Inverness Medical Innovations, Inc.), a Delaware corporation (“Holdings”), the Lenders signatory hereto (collectively, the “Lenders”) and GENERAL ELECTRIC CAPITAL CORPORATION, as collateral agent and administrative agent for the Lenders (in such capacity, the “Administrative Agent”).
