ContractZila Inc • September 29th, 2006 • Pharmaceutical preparations • New York
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON EXERCISE HEREOF HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR UNDER ANY STATE SECURITIES LAWS AND MAY NOT BE SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT, OR AN EXEMPTION FROM REGISTRATION, UNDER SAID ACT AND LAWS.
FIFTH AMENDMENT TO CREDIT AGREEMENT AND WAIVERCredit Agreement and Waiver • September 29th, 2006 • Zila Inc • Pharmaceutical preparations • New York
This FIFTH AMENDMENT, dated as of September 25, 2006 (this “Amendment”), to the Credit Agreement referred to below is by and among (a) ZILA, INC., a Delaware corporation, ZILA NUTRACEUTICALS, INC. (formerly known as Oxycal Laboratories Incorporated), an Arizona corporation, ZILA TECHNICAL, INC., an Arizona corporation, ZILA BIOTECHNOLOGY, INC., an Arizona corporation, ZILA PHARMACEUTICALS, INC., a Nevada corporation, and ZILA SWAB TECHNOLOGIES, INC., an Arizona corporation (collectively, the “Borrowers”), (b) BLACK DIAMOND COMMERCIAL FINANCE, L.L.C., a Delaware corporation, as administrative agent for Lenders (the “Administrative Agent”), and (c) the Required Lenders party to the Credit Agreement from time to time.
