July 7, 2006Watson Pharmaceuticals Inc • July 10th, 2006 • Pharmaceutical preparations • Delaware
Reference is made to the Agreement and Plan of Merger (the “Agreement”) dated as of March 12, 2006 by and among Watson Pharmaceuticals, Inc., Water Delaware, Inc. and Andrx Corporation. Capitalized terms used and not defined herein shall have the meanings given to such terms in the Agreement.
Senior Credit Facilities Amended and Restated Commitment LetterWatson Pharmaceuticals Inc • July 10th, 2006 • Pharmaceutical preparations • New York
This amended and restated commitment letter agreement (together with all exhibits and schedules hereto, the “Commitment Letter”) will confirm the understanding and agreement among Canadian Imperial Bank of Commerce, acting through its New York Agency, (“CIBC”), CIBC World Markets Corp. (“CIBC WM”), Wachovia Bank, National Association (“WBNA”) and Wachovia Capital Markets, LLC (“Wachovia” and together with CIBC, CIBC WM and WBNA, the “Commitment Parties” and each a “Commitment Party”) and Watson Pharmaceuticals, Inc., a Nevada corporation (together with each of its subsidiaries, the “Borrower”), in connection with the proposed financing for the acquisition (the “Acquisition”) of Andrx Corporation, a Delaware corporation (the “Target” and, together with each of its subsidiaries and assets, the “Acquired Business”) in a merger of the Target with a wholly-owned subsidiary of the Borrower pursuant to an agreement and plan of merger (the “Merger Agreement”). The Acquisition and the transacti
