0001213900-21-016770 Sample Contracts

CONSENT, WAIVER AND SIXTH AMENDMENT TO FACILITY AGREEMENT
Facility Agreement • March 22nd, 2021 • Neos Therapeutics, Inc. • Pharmaceutical preparations • New York

Other than those notices required to be provided by Holder to Company under the terms of the Facility Agreement, the Company and every endorser of this Note, or the obligations default, and notice of any kind with respect to this Note and the Facility Agreement or the performance of the obligations under this Note and/or the Facility Agreement. No renewal or extension of this Note or the Facility Agreement, no delay in the enforcement of payment of this Note or the Facility Agreement, and no delay or omission in exercising any right or power under this Note or the Facility Agreement shall affect the liability of the Company or any endorser of this Note.

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CONSENT, WAIVER AND AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • March 22nd, 2021 • Neos Therapeutics, Inc. • Pharmaceutical preparations • New York

This CONSENT, WAIVER AND AMENDMENT nO. 1 TO LOAN AND SECURITY AGREEMENT (this “Amendment”) is dated as of March 19, 2021 by and among NEOS THERAPEUTICS, INC., a Delaware corporation (“Company”), NEOS THERAPEUTICS BRANDS, LLC, a Delaware limited liability company (“NT Brands”), NEOS THERAPEUTICS, LP, a Texas limited partnership (“NT LP”; together with Company and NT Brands, each, a “Borrower” and collectively, the “Borrowers”), each other Loan Party Obligor party hereto, the Lenders party hereto, and ENCINA BUSINESS CREDIT, LLC, as agent for the Lenders (in such capacity, “Agent”).

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