0001354488-13-001300 Sample Contracts

AMENDMENT NO. ONE TO CREDIT AND GUARANTY AGREEMENT AND LIMITED WAIVER
Credit and Guaranty Agreement • March 18th, 2013 • Pernix Therapeutics Holdings, Inc. • Pharmaceutical preparations

THIS AMENDMENT NO. ONE TO CREDIT AND GUARANTY AGREEMENT AND LIMITED WAIVER (this “Amendment”) is made as of this 28th day of February, 2013, by and among PERNIX THERAPEUTICS HOLDINGS, INC., a Maryland corporation (“Borrower”), each of Borrower’s subsidiaries listed on the signature pages hereof, as guarantors (together with Borrower, the “Credit Parties”), MIDCAP FUNDING V, LLC, a Delaware limited liability company, as administrative agent (“Agent”), and the financial institutions that are parties to the Credit Agreement referenced below, each as a Lender.

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