Common use of Most Favored Lender Clause in Contracts

Most Favored Lender. The Borrower will not and will not permit any Subsidiary to (a) enter into any indenture, agreement or other instrument under which any Indebtedness for borrowed money in excess of $15,000,000 for any such indenture, agreement or instrument (or series of related agreements or instruments) of the Borrower or of any Subsidiary may be issued (a "Restricted Agreement"), or (b) agree to any amendment, waiver, consent, modification, refunding, refinancing or replacement of any Restricted Agreement, in either case, with terms the effect of which is to (i) include a Covenant which imposes a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, or (ii) revise or alter any Covenant contained therein the effect of which is to impose a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, unless the Borrower or such Subsidiary, as the case may be, concurrently (x) notifies the Lenders and the Administrative Agent thereof and (y) incorporates herein such additional, altered or revised Covenant. If the Administrative Agent at the time so elects by notice to the Borrower and the Lenders, the incorporation of each such additional Covenant shall be deemed to occur automatically without any further action or the execution of any additional document by any of the parties to this Agreement. If the Administrative Agent does not elect to effect such an automatic incorporation, the Administrative Agent shall promptly tender to the Borrower for execution by it an amendment (executed by the Administrative Agent) incorporating such additional Covenant and shall promptly deliver a copy of such amendment to the Lenders.

Most Favored Lender. The Borrower will not and will not permit any Subsidiary to (a) enter into or, with respect to Indebtedness in excess of the dollar equivalent of $1,000,000, remain party to any indenture, agreement or other instrument under which any Indebtedness it has incurred or is otherwise liable for borrowed money in excess of $15,000,000 for any such indenture, agreement or instrument (or series of related agreements or instruments) of the Borrower or of any Subsidiary may be issued (a "Restricted Agreement")Indebtedness, or (b) agree to any amendment, waiver, consent, modification, refunding, refinancing or replacement of any Restricted Agreementindenture, agreement or other instrument, in either case, with terms the effect of which is to (i) include a Covenant Material Term which imposes a restriction, limitation or obligation in favor of another lender not imposed upon the Borrower in favor of the Administrative Agent and the Lenders by this AgreementAgreement or the other Loan Documents, or (ii) revise or alter any Covenant contained therein Material Term set forth in any indenture, agreement or instrument the effect of which is to impose a restriction, limitation or obligation in favor of another lender not imposed upon the Borrower in favor of the Administrative Agent and the Lenders by this AgreementAgreement or any other Loan Document, unless the Borrower or such Subsidiary, as the case may be, concurrently (x) notifies the Lenders and the Administrative Agent thereof and (y) incorporates herein into this Agreement such additional, altered or revised CovenantMaterial Term. If the Administrative Agent at the time so elects by notice to the Borrower and the Lenders, the incorporation of each such additional Covenant Material Term shall be deemed to occur automatically without any further action or the execution of any additional document by any of the parties to this Agreement. If the Administrative Agent does not elect to effect such an automatic incorporationincorporation of a Material Term, the Administrative Agent shall promptly tender to the Borrower for its execution by it an amendment (executed by the Administrative AgentAgent on behalf of itself and the Lenders) incorporating such additional Covenant Material Term into this Agreement and shall promptly deliver a copy of such amendment to the Lenders. The Borrower, the Administrative Agent, and the Lenders agree that all Material Terms now or from time to time hereafter set forth in the agreements, documents, and instruments evidencing the Wachovia Lease Program Indebtedness that impose restrictions, limitations or obligations upon the Borrower that are not imposed by this Agreement or the other Loan Documents are hereby automatically incorporated herein and that no notice with respect thereto need be delivered by the Borrower on the Closing Date; provided, however, that no default, event of default, representation, warranty, agreement, restriction, limitation or obligation with respect to or otherwise relating to collateral securing the repayment of the Wachovia Lease Program Indebtedness that is set forth in the agreements, documents and instruments evidencing such Wachovia Lease Program Indebtedness is incorporated by reference in this Agreement or the other Loan Documents.

Most Favored Lender. The Borrower Mallinckrodt will not and will not permit any Subsidiary to (a) enter into any indenture, agreement or other instrument under which any Indebtedness for borrowed money in excess of $15,000,000 for any such indenture, agreement or instrument (or series of related agreements or instruments) of the Borrower Mallinckrodt or of any Subsidiary may be issued (a "Restricted Agreement"), or (b) agree to any amendment, waiver, consent, modification, refunding, refinancing or replacement of any Restricted Agreement, in either case, with terms the effect of which is to (i) include a Covenant which imposes a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders Banks by this Agreement, or (ii) revise or alter any Covenant contained therein the effect of which is to impose a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders Banks by this Agreement, unless the Borrower Mallinckrodt or such Subsidiary, as the case may be, concurrently (x) notifies the Lenders Banks and the Administrative Agent thereof and (y) incorporates herein such additional, altered or revised Covenant. If the Administrative Agent at the time so elects by notice to the Borrower Mallinckrodt and the LendersBanks, the incorporation of each such additional Covenant shall be deemed to occur automatically without any further action or the execution of any additional document by any of the parties to this Agreement. If the Administrative Agent does not elect to effect such an automatic incorporation, the Administrative Agent shall promptly tender to Mallinckrodt and the Borrower for execution by it them an amendment (executed by the Administrative Agent) incorporating such additional Covenant Covenant, and shall promptly deliver a copy of such amendment to the LendersBanks.

Most Favored Lender. The Borrower will not and will not permit any Subsidiary to (a) enter into any indenture, agreement or other instrument under which any Indebtedness for borrowed money in excess of $15,000,000 for any such indenture, agreement or instrument (or series of related agreements or instruments) of the Borrower or of any Subsidiary may be issued (a "Restricted AgreementRESTRICTED AGREEMENT"), or (b) agree to any amendment, waiver, consent, modification, refunding, refinancing or replacement of any Restricted Agreement, in either case, with terms the effect of which is to (i) include a Covenant which imposes a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, or (ii) revise or alter any Covenant contained therein the effect of which is to impose a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, unless the Borrower or such Subsidiary, as the case may be, concurrently (x) notifies the Lenders and the Administrative Agent thereof and (y) incorporates herein such additional, altered or revised Covenant. If the Administrative Agent at the time so elects by notice to the Borrower and the Lenders, the incorporation of each such additional Covenant shall be deemed to occur automatically without any further action or the execution of any additional document by any of the parties to this Agreement. If the Administrative Agent does not elect to effect such an automatic incorporation, the Administrative Agent shall promptly tender to the Borrower for execution by it an amendment (executed by the Administrative Agent) incorporating such additional Covenant and shall promptly deliver a copy of such amendment to the Lenders.

Most Favored Lender. The Borrower Company will not and will not permit any Subsidiary to (a) enter into any indenture, agreement or other instrument under which any Indebtedness for borrowed money in excess of $15,000,000 for any such indenture, agreement or instrument (or series of related agreements or instruments) of the Borrower or of any Subsidiary may be issued (a "Restricted Agreement"), Agreement or (b) agree to any amendment, waiver, consent, modification, refunding, refinancing or replacement of any Restricted Agreement, in either case, with terms the effect of which is to (i) include a Covenant which imposes a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, or (ii) revise or alter any Covenant contained therein the effect of which is to impose a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, unless the Borrower Company or such Subsidiary, as the case may be, concurrently within ten Domestic Business Days (x) notifies the Lenders and the Administrative Agent thereof and (y) incorporates herein such additional, altered or revised additional Covenant. If the Administrative Agent at the time so elects by notice to the Borrower Company and the Lenders, the incorporation of each such additional Covenant shall be deemed to occur automatically without any further action or the execution of any additional document by any of the parties to this Agreement. If the Administrative Agent does not elect to effect such an automatic incorporation, the Administrative Agent shall promptly tender to the Borrower Company for execution by it an amendment (executed by the Administrative Agent) incorporating such additional Covenant and shall promptly deliver a copy of such amendment to the Lenders.

Most Favored Lender. The Borrower will not Not, and will not permit any Subsidiary to to, (a) enter into any indenture, agreement or other instrument (including the refinancing of any existing agreement) under which any Indebtedness for borrowed money in excess of $15,000,000 for any such indenture, agreement or instrument (or series of related agreements or instruments) of the Borrower or of any Subsidiary may be issued (a "“Restricted Agreement"”), or (b) agree to enter into any amendment, waiver, consent, modification, refunding, refinancing or replacement of any Restricted Agreement, in either case, with terms the effect of which is to (i) include a Covenant which imposes a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, Agreement or (ii) revise or alter any Covenant contained therein the effect of which is to impose a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, unless the Borrower or such Subsidiary, as the case may be, concurrently (x) notifies the Lenders and the Administrative Agent thereof and (y) incorporates herein such additional, altered or revised Covenant. If the Administrative Agent at the time so elects by notice to the Borrower and the Lenders, the incorporation of each such additional Covenant shall be deemed to occur automatically without any further action or the execution of any additional document by any of the parties to this Agreement. If the Administrative Agent does not elect to effect such an automatic incorporation, the Administrative Agent shall promptly tender to the Borrower for execution by it an amendment (executed by the Administrative Agent) incorporating such additional Covenant and shall promptly deliver a copy of such amendment to the LendersCovenant.

Most Favored Lender. The Borrower will not and will not permit any Subsidiary to (a) enter into any indenture, agreement or other instrument under which any Indebtedness for borrowed money in excess Debt of $15,000,000 100,000,000 or more for any such indenture, agreement or instrument (or series of related agreements or instruments) of the Borrower or of any Subsidiary may be issued (a "Restricted AgreementRESTRICTED AGREEMENT"), or (b) agree to any amendment, waiver, consent, modification, refunding, refinancing or replacement of any Restricted Agreement, in either case, with terms the effect of which is to (i) include a Covenant which imposes a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders Banks by this Agreement, or (ii) revise or alter any Covenant contained therein the effect of which is to impose a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders Banks by this Agreement, unless the Borrower or such Subsidiary, as the case may be, concurrently (x) notifies the Lenders Banks and the Administrative Agent thereof and (y) incorporates herein such additional, altered or revised Covenant. If the Administrative Agent at the time so elects by notice to the Borrower and the LendersBanks, the incorporation of each such additional Covenant shall be deemed to occur automatically without any further action or the execution of any additional document by any of the parties to this Agreement. If the Administrative Agent does not elect to effect such an automatic incorporation, the Administrative Agent shall promptly tender to the Borrower for execution by it an amendment (executed by the Administrative Agent) incorporating such additional Covenant and shall promptly deliver a copy of such amendment to the LendersBanks.

Most Favored Lender. The Borrower Company will not and will not permit any Subsidiary to (a) enter into any indenture, agreement or other instrument under which any Indebtedness Debt for borrowed money in excess of $15,000,000 50,000,000 for any such indenture, agreement or instrument (or series of related agreements or instruments) of the Borrower Company or of 49 any Subsidiary may be issued (a "Restricted AgreementRESTRICTED AGREEMENT"), or (b) agree to any amendment, waiver, consent, modification, refunding, refinancing or replacement of any Restricted Agreement, in either case, with terms the effect of which is to (i) include a Covenant which imposes a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, Agreement or (ii) revise or alter any Covenant contained therein the effect of which is to impose a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, unless the Borrower or such Subsidiary, as the case may be, Company concurrently (x) notifies the Lenders and the Administrative Agent thereof and (y) incorporates herein such additional, altered or revised Covenant. If the Administrative Agent at the time so elects by notice to the Borrower Company and the Lenders, the incorporation of each such additional Covenant shall be deemed to occur automatically without any further action or the execution of any additional document by any of the parties to this Agreement. If the Administrative Agent does not elect to effect such an automatic incorporation, the Administrative Agent shall promptly tender to the Borrower Company for execution by it an amendment (executed by the Administrative Agent) incorporating such additional Covenant and shall promptly deliver a copy of such amendment to the Lenders.

Most Favored Lender. The Borrower will not Notwithstanding anything to the contrary set forth herein or in any other Loan Document, until such time as the Indebtedness under the 2023 Term Loan Facility (including, without limitation, any refinancing thereof) is paid in full (other than contingent indemnification obligations as to which no claim is asserted) and will not permit any Subsidiary the 2023 Term Loan Facility Documents are terminated (including, without limitation, the funding commitments thereunder), to (a) enter into any indenture, agreement or other instrument under which any Indebtedness for borrowed money in excess of $15,000,000 for the extent any such indenture2023 Term Loan Facility Document includes one or more Additional Covenants or Additional Defaults, agreement or instrument (or series of related agreements or instruments) in each case whether as in effect as of the Borrower Amendment No. 1 Effective Date or of any Subsidiary may be issued (a "Restricted Agreement"), or (b) agree pursuant to any amendment, waiverrestatement, consent, modification, refunding, modification or refinancing or replacement of any Restricted Agreement, in either case, with terms the effect of which is to (i) include a Covenant which imposes a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, or (ii) revise or alter any Covenant contained therein the effect of which is to impose a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, unless the Borrower or such Subsidiary, as the case may be, concurrently (x) notifies the Lenders and the Administrative Agent thereof and (y) incorporates herein such additional, altered or revised Covenant. If the Administrative Agent at the time so elects by notice to the Borrower and the Lendersthereof, the incorporation terms of each such additional Covenant shall be deemed to occur automatically this Agreement shall, without any further action or on the execution of any additional document by any part of the parties to this Agreement. If the Administrative Agent does not elect to effect such an automatic incorporationBorrower, any other Loan Party, the Administrative Agent shall promptly tender or any of the Lenders, be deemed to be amended automatically and immediately to include each Additional Covenant and each Additional Default contained in such agreement. At the Borrower for execution by it an amendment (executed by reasonable request of the Administrative Agent) incorporating , the Borrower further covenants to promptly execute and deliver at its expense an amendment to the Agreement in form and substance satisfactory to the Administrative Agent and the Required Lenders evidencing the amendment of this Agreement to include such additional Covenant Additional Covenants and shall promptly deliver a copy Additional Defaults; provided that the execution and delivery of such amendment shall not be a precondition to the Lenders.effectiveness of such amendment as provided for in this Section, but shall merely be for the convenience of the parties hereto. 76

Most Favored Lender. The Borrower Company will not and will not permit any Subsidiary to (a) enter into any indenture, agreement or other instrument under which any Indebtedness for borrowed money in excess of $15,000,000 for any such indenture, agreement or instrument (or series of related agreements or instruments) of the Borrower or of any Subsidiary may be issued (a "Restricted Agreement"), or (b) agree to any amendment, waiver, consent, modification, refunding, refinancing or replacement of any Restricted Agreement, in either case, with terms the effect of which is to (i) include a Covenant which imposes a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders Banks by this Agreement, or (ii) revise or alter any Covenant contained therein the effect of which is to impose a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders Banks by this Agreement, (iii) provide collateral, a guaranty or other credit support to the lenders under such Restricted Agreement, or (iv) increase interest rates or fees payable to all lenders under such Restricted Agreement to levels which exceed those set forth in this Agreement, unless the Borrower Company or such Subsidiary, as the case may be, Subsidiary concurrently (x) notifies the Lenders Banks and the Administrative Agent thereof and (y) incorporates herein such additional, altered or revised Covenant, provides such collateral, guaranty or other credit support ratably to the Banks, or increases interest rates or fees correspondingly under this Agreement, as the case may be. If the Administrative Agent at the time so elects by notice to the Borrower Company and the LendersBanks, the incorporation of each such additional or revised Covenant or, to the extent practicable, provision of such collateral, guaranty or other credit support or pricing increase shall be deemed to occur automatically without any further action or the execution of any additional document by any of the parties to this Agreement. If the Administrative Agent does not elect to effect such an automatic incorporationincorporation or provision of collateral, guaranty or other credit support or pricing increase, the Administrative Agent shall promptly tender to the Borrower Company for execution by it an amendment (executed by the Administrative Agent) incorporating such additional or revised Covenant or provision of collateral, guaranty or other credit support or pricing increase and shall promptly deliver a copy of such amendment to the LendersBanks. For purposes of this Section 5.20, "COVENANT" means any covenant (whether expressed as a covenant, event of default or other agreement) contained therein, and "RESTRICTED AGREEMENT" means any of the Credit Agreements other than this Agreement. SECTION 14. Amendment of Section 6.01(b) of the Agreement. Section 6.01(b) of the Agreement is amended to read in its entirety as follows:

Most Favored Lender. The Borrower will not Notwithstanding anything to the contrary set forth herein or in any other Loan Document, until such time as the Indebtedness under the Revolving Credit Facility (including, without limitation, any refinancing thereof) is paid in full (other than contingent indemnification obligations as to which no claim is asserted) and will not permit any Subsidiary the Revolving Credit Facility Documents are terminated (including, without limitation, the funding commitments thereunder), to (a) enter into any indenture, agreement or other instrument under which any Indebtedness for borrowed money in excess of $15,000,000 for the extent any such indentureRevolving Credit Facility Document includes one or more Additional Covenants or Additional Defaults, agreement or instrument (or series of related agreements or instruments) in each case whether as in effect as of the Borrower Effective Date or of any Subsidiary may be issued (a "Restricted Agreement"), or (b) agree pursuant to any amendment, waiverrestatement, consent, modification, refunding, modification or refinancing or replacement of any Restricted Agreement, in either case, with terms the effect of which is to (i) include a Covenant which imposes a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, or (ii) revise or alter any Covenant contained therein the effect of which is to impose a restriction, limitation or obligation in favor of another lender not imposed in favor of the Lenders by this Agreement, unless the Borrower or such Subsidiary, as the case may be, concurrently (x) notifies the Lenders and the Administrative Agent thereof and (y) incorporates herein such additional, altered or revised Covenant. If the Administrative Agent at the time so elects by notice to the Borrower and the Lendersthereof, the incorporation terms of each such additional Covenant shall be deemed to occur automatically this Agreement shall, without any further action or on the execution of any additional document by any part of the parties to this Agreement. If the Administrative Agent does not elect to effect such an automatic incorporationBorrower, any other Loan Party, the Administrative Agent shall promptly tender or any of the Lenders, be deemed to be amended automatically and immediately to include each Additional Covenant and each Additional Default contained in such agreement. At the Borrower for execution by it an amendment (executed by reasonable request of the Administrative Agent) incorporating , the Borrower further covenants to promptly execute and deliver at its expense an amendment to the Agreement in form and substance satisfactory to the Administrative Agent and the Required Lenders evidencing the amendment of this Agreement to include such additional Covenant Additional Covenants and shall promptly deliver a copy Additional Defaults; provided that the execution and delivery of such amendment shall not be a precondition to the Lenderseffectiveness of such amendment as provided for in this Section, but shall merely be for the convenience of the parties hereto.