AKORN, INC., AKORN (NEW JERSEY), INC., AVR BUSINESS TRUST, OAK PHARMCEUTICALS, INC., ADVANCED VISION RESEARCH, INC., ADVANCED VISION PHARMACEUTICALS, LLC, AND AKORN OPHTHALMICS, INC., as Borrowers LOAN AND SECURITY AGREEMENT Dated as of October __,...Loan and Security Agreement • October 13th, 2011 • Akorn Inc • Pharmaceutical preparations • Illinois
THIS LOAN AND SECURITY AGREEMENT (the “Agreement”) is dated as of October __, 2011, among AKORN, INC., a Louisiana corporation (“Akorn”), AKORN (NEW JERSEY), INC., an Illinois corporation (“Akorn NJ”), AVR BUSINESS TRUST, a Massachusetts business trust (“AVR BT”), OAK PHARMACEUTICALS, INC., a Delaware corporation (“Oak Pharma”), ADVANCED VISION RESEARCH, INC., a Massachusetts corporation (“AVR”), ADVANCED VISION PHARMACEUTICALS, LLC, a Delaware limited liability company (“AVP”), AKORN OPHTHALMICS, INC., a Delaware corporation (“Akorn Ophthalmics”), the Subsidiaries of Akorn who from time to time become party to this Agreement by joinder (such Subsidiaries, together with Akorn, Akorn NJ, AVR BT, Oak Pharma, AVR, AVP, and Akorn Ophthalmics, collectively, “Borrowers”), the financial institutions party to this Agreement from time to time as lenders (collectively, “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”).
