SECURITY AGREEMENTSecurity Agreement • February 8th, 2012 • Cadista Holdings Inc. • Pharmaceutical preparations • New York
SECURITY AGREEMENT, dated as of February 2, 2012 (the “Agreement”), between Jubilant Cadista Pharmaceuticals Inc., a Delaware corporation, having its principal place of business at 207 Kiley Drive, Salisbury, MD 21801 (“Debtor”), and ICICI BANK LIMITED, NEW YORK BRANCH (the “Secured Party”).
CREDIT FACILITY AGREEMENT JUBILANT CADISTA PHARMACEUTICAL INC., AS BORROWER AND AS LENDER DATED AS OF FEBRUARY 2, 2012 CREDIT FACILITY AGREEMENTCredit Facility Agreement • February 8th, 2012 • Cadista Holdings Inc. • Pharmaceutical preparations • New York
This CREDIT FACILITY AGREEMENT dated as of February 2, 2012 (the “Agreement”), is made by and between Jubilant Cadista Pharmaceutical Inc., a Delaware corporation (“Borrower”) having its principal offices at 207 Kiley Drive, Salisbury, Maryland 21801, and ICICI Bank Limited, New York Branch, (“Lender” or “Bank”) having its offices at 500 Fifth Avenue, Floor 28, New York, NY 10110.
On Stamp Paper of INR 200Cadista Holdings Inc. • February 8th, 2012 • Pharmaceutical preparations
Re: Jubilant Life Sciences Limited.- Loan and Security Agreement dated February 2,2012 executed between Jubilant Cadista Pharmaceuticals Inc. and ICICI Bank Limited, New York Brach (the “Agreement”)
SECOND AMENDMENT TO CREDIT MODIFICATION AGREEMENTCredit Modification Agreement • February 8th, 2012 • Cadista Holdings Inc. • Pharmaceutical preparations • New York
IT IS, ON THIS 2nd DAY OF FEBRUARY, 2012, HEREBY AGREED by and among Facility Arranger, Facility Agent, Lender, STATE BANK OF INDIA, NEW YORK BRANCH (“SBI”), 460 Park Avenue, New York, NY 10022, JUBILANT CADISTA PHARMACEUTICALS INC.(“Borrower”), a Delaware corporation formerly known as Cadista Pharmaceuticals Inc., and Jubilant Pharmaceuticals Inc., 207 Kiley Drive, Salisbury, MD 21801, and CADISTA HOLDINGS INC (“Cadista”), a Delaware corporation located at 207 Kiley Drive, Salisbury, MD 21801, as Guarantor.
AMENDMENT TO SECURITY AGREEMENT DATED FEBRUARY 24, 2010Security Agreement • February 8th, 2012 • Cadista Holdings Inc. • Pharmaceutical preparations • New York
IT IS, ON THIS 2nd DAY OF FEBRUARY, 2012, HEREBY AGREED by and between Secured Party, STATE BANK OF INDIA, NEW YORK BRANCH (“SBI”), 460 Park Avenue, New York, NY 10022, and JUBILANT CADISTA PHARMACEUTICALS INC.(“Debtor”), a Delaware corporation formerly known as Cadista Pharmaceuticals Inc., and Jubilant Pharmaceuticals Inc., 207 Kiley Drive, Salisbury, MD 21801,
INTER-CREDITOR AGREEMENTInter-Creditor Agreement • February 8th, 2012 • Cadista Holdings Inc. • Pharmaceutical preparations • New York
This INTER-CREDITOR AGREEMENT (the “Agreement”) is made as of February 2, 2012 by and among ICICI BANK LIMITED, NEW YORK BRANCH, having its offices at 500 Fifth Avenue, 28th Floor, New York, New York 10110 ("ICICI"), State Bank of India, New York branch, having its offices at 460 Park Avenue, New York, NY 10022 (“SBI”) Jubilant Cadista PharmaceuticalS Inc., a Delaware corporation having its principal offices at 207 Kiley Drive, Salisbury, Maryland 21801 (the “Borrower”), and CADISTA HOLDINGS INC. a Delaware corporation having its principal offices at 207 Kiley Drive, Salisbury, Maryland, 21801 (“Guarantor”)
NON-DISPOSAL UNDERTAKINGCadista Holdings Inc. • February 8th, 2012 • Pharmaceutical preparations
We at Cadista Holdings Inc. (the Parent Company), a Delaware corporation with a principal office at 207 Kiley Drive, Salisbury, Maryland 21801, refer to the Credit Facility Agreement dated as of the date hereof (Facility Agreement) entered into between Jubilant Cadista Pharmaceuticals Inc. (Borrower) a Delaware corporation and wholly-owned subsidiary of the Parent Company having its principal office at 207 Kiley Drive, Salisbury, Maryland 21801, and ICICI Bank, New York Branch (hereinafter referred to as either the “Lender”, “Bank” or “you”), under the terms of which you have agreed to provide a revolving credit facility and certain other facilities in an amount not exceeding $ 8,500,000 in the aggregate (Facility) to the Borrower.
SUBORDINATION AGREEMENTSubordination Agreement • February 8th, 2012 • Cadista Holdings Inc. • Pharmaceutical preparations • New York
This SUBORDINATION AGREEMENT (the “Agreement”) made as of February 2, 2012, between Jubilant Cadista Pharmaceuticals Inc., a Delaware corporation ("Borrower"), having an address at 207 Kiley Drive, Salisbury, MD 21801 (the "Debtor"), Cadista Holdings Inc., a Delaware corporation, having an address at 207 Kiley Drive, Salisbury, MD 21801 and which is the direct parent company of the Debtor ("Parent Company" or “Subordinator”), and ICICI Bank Limited, New York Branch (the "Creditor").
PROMISSORY NOTECadista Holdings Inc. • February 8th, 2012 • Pharmaceutical preparations
FOR VALUE RECEIVED, Jubilant Cadista Pharmaceuticals Inc., a Delaware corporation ("Borrower"), having an address at 207 Kiley Drive, Salisbury, Maryland 21801, irrevocably and unconditionally promises to pay to ICICI BANK LIMITED, NEW YORK BRANCH ("Bank"), or order, at its office at 500 Fifth Avenue, 28th Floor, New York, New York 10110 or at such other place as may be designated in writing by the holder of this Note in lawful money of the United States of America, the principal sum of Eight Million Five Hundred Thousand Dollars ($8,500,000.00) or the unpaid total principal amount of all of the amounts due under this Note, plus Interest (as hereinafter defined) from the Disbursement Date (as hereinafter defined) on or before the first (1st) year anniversary of the date hereof or on demand by the Bank.
