0001104659-20-072419 Sample Contracts

AMENDMENT NO. 2 TO CREDIT AGREEMENT AND EXTENSION
Credit Agreement • June 11th, 2020 • Thermo Fisher Scientific Inc. • Measuring & controlling devices, nec • New York

AMENDMENT NO. 2 TO CREDIT AGREEMENT AND EXTENSION, dated as of June 5, 2020 (this “Agreement”), among Thermo Fisher Scientific Inc., a Delaware corporation (the “Company”), the Lenders party hereto and Bank of America, N.A., as administrative agent (the “Administrative Agent”), which shall amend that certain Credit Agreement, dated as of July 1, 2016 (as amended, supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement”, as amended hereby, the “Amended Credit Agreement”), by and among the Company, the Lenders from time to time party thereto and the Administrative Agent and the other parties thereto.

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FIRST AMENDMENT
First Amendment • June 11th, 2020 • Thermo Fisher Scientific Inc. • Measuring & controlling devices, nec • New York

+ non-recurring cash charges incurred in the four consecutive fiscal quarter period commencing with the quarter during which the applicable transaction described in clause (a) and (b) below is consummated, (a) related to the Acquisition, including related non-recurring integration costs of the Company and its Subsidiaries, in an aggregate amount not to exceed $300,000,000 in the aggregate for such four consecutive fiscal quarter period and (b) related to any other Qualified Acquisition, including related non-recurring integration costs of the Company and its Subsidiaries, in an aggregate amount not to exceed $250,000,000 for each such Qualified Acquisition for such four consecutive fiscal quarter period

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