25,000,000 CREDIT FACILITY CREDIT AGREEMENT Dated as of January 7, 2009 by and among AKORN, INC. and AKORN (NEW JERSEY), INC., as Borrowers, THE OTHER PERSONS PARTY HERETO THAT ARE DESIGNATED AS CREDIT PARTIES GENERAL ELECTRIC CAPITAL CORPORATION for...Credit Agreement • January 9th, 2009 • Akorn Inc • Pharmaceutical preparations • New York
This CREDIT AGREEMENT (including all exhibits and schedules hereto, as the same may be amended, modified and/or restated from time to time, this “Agreement”) is entered into as of January 7, 2009, by and among Akorn, Inc., a Louisiana corporation (“Akorn”), Akorn (New Jersey), Inc., an Illinois corporation (“Akorn NJ”; together with Akorn, each a “Borrower” and together the “Borrowers”), the other Persons party hereto that are now or hereafter designated as a “Credit Party”, General Electric Capital Corporation, a Delaware corporation (in its individual capacity, “GE Capital”), as Agent for the several financial institutions from time to time party to this Agreement (collectively, the “Lenders” and individually each a “Lender”) and for itself as a Lender (including as Swingline Lender) and L/C Issuer, and such Lenders.
This instrument was prepared by and after recording, return to: Susan E. Foxworth, Esq. King & Spalding LLP 1180 Peachtree Street Atlanta, Georgia 30309 This space reserved for Recorder’s use only.Mortgage, Security Agreement • January 9th, 2009 • Akorn Inc • Pharmaceutical preparations • Illinois
SUBORDINATION AGREEMENTSubordination Agreement • January 9th, 2009 • Akorn Inc • Pharmaceutical preparations • New York
THIS SUBORDINATION AGREEMENT (this “Agreement”) is entered into as of January 7, 2009, by and among THE JOHN N. KAPOOR TRUST DATED SEPTEMBER 20, 1989 (“Subordinated Creditor), AKORN, INC., a Louisiana corporation (“Akorn”), AKORN (NEW JERSEY), INC., an Illinois corporation (“Akorn New Jersey” and together with Akorn, the “Companies” and each a “Company”), and GENERAL ELECTRIC CAPITAL CORPORATION, as Agent for the Senior Lenders party to the Credit Agreement described below.
GUARANTY AND SECURITY AGREEMENT Dated as of January 7, 2009 among AKORN, INC., AKORN (NEW JERSEY), INC. and Each Other Grantor From Time to Time Party Hereto and GENERAL ELECTRIC CAPITAL CORPORATION, as AgentGuaranty and Security Agreement • January 9th, 2009 • Akorn Inc • Pharmaceutical preparations • New York
GUARANTY AND SECURITY AGREEMENT, dated as of January 7, 2009, by Akorn, Inc., a Louisiana corporation (“Akorn”), Akorn (New Jersey), Inc., an Illinois corporation (“Akorn NJ” and, together with Akorn, the “Borrowers”) and each of the other entities listed on the signature pages hereof or that becomes a party hereto pursuant to Section 8.6 (together with the Borrowers, the “Grantors”), in favor of General Electric Capital Corporation (“GE Capital”), as administrative agent (in such capacity, together with its successors and permitted assigns, the “Agent”) for the Lenders, the L/C Issuers and each other Secured Party (each as defined in the Credit Agreement referred to below).
