PETIQ, INC., Issuer AND [TRUSTEE], Trustee INDENTURE Dated as of [●], 20[●] Subordinated Debt SecuritiesIndenture • September 4th, 2018 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
PETIQ, INC. and WELLS FARGO BANK, NATIONAL ASSOCIATION as Trustee INDENTURE Dated as of May 19, 2020 4.00% Convertible Senior Notes due 2026Indenture • May 20th, 2020 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
INDENTURE, dated as of May 19, 2020, between PetIQ, Inc., a Delaware corporation, as issuer (the “Company”), and Wells Fargo Bank, National Association, as trustee (the “Trustee”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 4th, 2018 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
This Registration Rights Agreement (this “Agreement”), dated as of July 20, 2017, is entered into by and among PetIQ, Inc., a Delaware corporation (the “Company”), each Person executing this Agreement and listed as a “Continuing LLC Owner” on the signature pages hereto (together with their Permitted Transferees that become a party hereto, the “Continuing LLC Owners”) and each Person executing this Agreement and listed as a “C-Corp LLC Owner Parent” on the signature pages hereto (collectively, together with their Permitted Transferees that become party hereto, the “C-Corp LLC Owner Parents”).
Dealer]Call Option Transaction • May 20th, 2020 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between (“Dealer”) and PetIQ, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
Dealer] May 14, 2020Base Call Option Transaction • May 20th, 2020 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [____] (“Dealer”) and PetIQ, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • July 20th, 2017 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • Delaware
This Indemnification Agreement (“Agreement”) is made effective as of this [ ] day of [ ], 2017 by and between PetIQ, Inc., a Delaware corporation (the “Company”), and the undersigned officer, director or employee of the Company (“Indemnitee”).
ABL CREDIT AND GUARANTY AGREEMENT dated as of April 13, 2021, among PETIQ HOLDINGS, LLC, PETIQ, LLC, CERTAIN SUBSIDIARIES OF PETIQ HOLDINGS, LLC, as Guarantor Subsidiaries, THE LENDERS PARTY HERETO and KEYBANK NATIONAL ASSOCIATION, as Administrative...Abl Credit and Guaranty Agreement • February 29th, 2024 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
ABL CREDIT AND GUARANTY AGREEMENT dated as of April 13, 2021, among PETIQ HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), PETIQ, LLC, an Idaho limited liability company (the “Borrower”), CERTAIN SUBSIDIARIES OF HOLDINGS party hereto, as Guarantor Subsidiaries, the LENDERS party hereto and KEYBANK NATIONAL ASSOCIATION (“KeyBank”), as Administrative Agent and Collateral Agent.
AMENDED AND RESTATED EMPLOYMENT AND NON-COMPETITION AGREEMENTEmployment Agreement • February 29th, 2024 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • Idaho
AMENDED AND RESTATED EMPLOYMENT AND NON-COMPETITION AGREEMENT (this “Agreement”) dated as of February 27, 2024, between PetIQ, LLC, an Idaho limited liability company (the “Company”), and John Pearson (the “Employee”).
AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • January 23rd, 2018 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
WHEREAS, PETIQ, True Science, TruRx and True Prodigy (collectively, the “Existing Borrowers”) are parties to a Credit Agreement dated as of December 21, 2016, as amended (collectively, the “Existing Credit Agreement”) with East West Bank in its capacities as the sole Lender thereunder, Administrative Agent, L/C Issuer and Swingline Lender, pursuant to which East West Bank provides a revolving credit facility (including sub-facilities for letters of credit and automated clearinghouse payments) to the Existing Borrowers; and
PetIQ HOLDINGS, LLC A Delaware Limited Liability Company SIXTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT Dated as of [ ], 2017Limited Liability Company Agreement • July 6th, 2017 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • Delaware
This SIXTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT of PetIQ Holdings, LLC (the “Company”), dated [ ], 2017 and effective as set forth herein (this “Agreement”), is adopted, executed and agreed to, for good and valuable consideration, by and among the Members (as defined herein).
PETIQ, INC. AMENDED AND RESTATED 2017 OMNIBUS INCENTIVE PLAN RESTRICTED STOCK UNIT AGREEMENT FOR NON-EMPLOYEE DIRECTORSRestricted Stock Unit Agreement • February 29th, 2024 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • Delaware
THIS RESTRICTED STOCK UNIT AGREEMENT (this “Agreement”) is made effective as of [[GRANTDATE]] (the “Grant Date”) by and between PetIQ, Inc., a Delaware corporation (the “Company”), and [[FIRSTNAME]] [[LASTNAME]] (the “Participant”), pursuant to the PetIQ, Inc. Amended and Restated 2017 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”). Capitalized terms that are not defined herein shall have the meanings given to such terms in the Plan.
AMENDMENT NO. 1, dated as of May 25, 2023 (this “Amendment”), to the TERM CREDIT AND GUARANTY AGREEMENT dated as of April 13, 2021 (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Existing Credit Agreement”, and...Term Credit and Guaranty Agreement • May 31st, 2023 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
TERM CREDIT AND GUARANTY AGREEMENT dated as of April 13, 2021, among PETIQ HOLDINGS, LLC, a Delaware limited liability company (“Holdings”), PETIQ, LLC, an Idaho limited liability company (the “Borrower”), CERTAIN SUBSIDIARIES OF HOLDINGS party hereto, as Guarantor Subsidiaries, the LENDERS party hereto and JEFFERIES FINANCE LLC (“Jefferies”), as Administrative Agent and Collateral Agent.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 4th, 2018 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
This Registration Rights Agreement (this “Agreement”), dated as of January [ ], 2018, is entered into by and among PetIQ, Inc., a Delaware corporation (the “Company”) and each person executing this Agreement and listed as a “VIP Petcare Owner” on the signature pages hereto (together with their Permitted Transferees that become a party hereto, the “VIP Petcare Owners”).
FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENTTerm Loan Credit Agreement • July 9th, 2019 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
WHEREAS, the parties hereto desire to amend and restate the Existing Term Loan Credit Agreement by entering into this Agreement, pursuant to which the Lenders hereunder will provide the Borrower a term loan credit facility, the proceeds of which the Borrower will use, together with the proceeds from borrowings of up to $60,000,000 under the ABL Credit Agreement and cash on hand, (a) to finance the Perrigo Acquisition, (b) to refinance the Existing Term Loans, (c) to pay related fees and expenses and (d) for one or more of the other permitted purposes provided for herein.
PETIQ, INC. AMENDED AND RESTATED 2017 OMNIBUS INCENTIVE PLAN RESTRICTED STOCK UNIT AGREEMENTRestricted Stock Unit Agreement • February 29th, 2024 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • Delaware
THIS RESTRICTED STOCK UNIT AGREEMENT (this “Agreement”) is made effective as of [[GRANTDATE]] (the “Grant Date”) by and between PetIQ, Inc., a Delaware corporation (the “Company”), and [[FIRSTNAME]] [[LASTNAME]] (the “Participant”), pursuant to the PetIQ, Inc. Amended and Restated 2017 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”). Capitalized terms that are not defined herein shall have the meanings given to such terms in the Plan.
5,000,000 Shares PETIQ, INC. CLASS A COMMON STOCK, PAR VALUE $0.001 PER SHARE UNDERWRITING AGREEMENTUnderwriting Agreement • October 2nd, 2018 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
EMPLOYMENT AND NON-COMPETITION AGREEMENTEmployment and Non-Competition Agreement • January 23rd, 2018 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • California
WHEREAS, prior to the consummation of the transactions contemplated in that certain Unit Purchase Agreement, dated as of the date hereof (as it may be amended, restated or otherwise modified from time to time, the “Purchase Agreement”), by and among PetIQ, Inc., PetIQ Holdings, LLC, a Delaware limited liability company (“Buyer” or “Holdings”), Community Veterinary Clinics LLC, a Delaware limited liability Company (the “Target”), and VIP Petcare Holdings, Inc. (“Seller”) and Will Santana and Kenneth Pecoraro (collectively, the “Stockholders”), the Stockholders owned all of the issued and outstanding capital stock of the Seller, and the Seller owned all of the issued and outstanding units of membership interest in the Target (the “Units”);
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • July 9th, 2019 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
This FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”), dated as of July 7, 2019, is by and among PetIQ, LLC, an Idaho limited liability company (the “Buyer”), L. Perrigo Company, a Michigan corporation (the “Seller”), Perrigo Company plc, an Irish public limited company (the “Seller Parent”), and PetIQ, Inc., a Delaware corporation (the “Buyer Guarantor”).
AMENDED AND RESTATED ASSET PURCHASE AGREEMENT by and between ELANCO US, INC., and PETIQ, LLC, and, for purposes of Section 9.16 only, PETIQ, INC. Dated as of June 21, 2020Asset Purchase Agreement • August 10th, 2020 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
This AMENDED AND RESTATED ASSET PURCHASE AGREEMENT (this “Agreement”) is made and executed as of June 19, 2020, by and between Elanco US, Inc., an Delaware corporation (“Seller”), and PetIQ, LLC, a Idaho limited liability company (“Buyer”) and solely for purposes of Section 9.16, PetIQ, Inc., a Delaware corporation (the “Buyer Guarantor”). Seller and Buyer are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
AGREEMENT AND PLAN OF MERGER by and among PetIQ, Inc. Gula Buyer Inc. and Gula Merger Sub Inc. Dated as of August 7, 2024Merger Agreement • August 7th, 2024 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • Delaware
This Agreement and Plan of Merger (“Agreement”) is made and entered into as of August 7, 2024, by and among Gula Buyer Inc., a Delaware corporation (“Parent”), Gula Merger Sub Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and PetIQ, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Exhibit A.
CREDIT AGREEMENT Dated as of December 21, 2016 among PETIQ, LLC, as a Borrower and as Borrower Representative, The Other Credit Parties Party Hereto, EAST WEST BANK and the other Lenders Party Hereto, and EAST WEST BANK, as Administrative Agent, L/C...Credit Agreement • June 23rd, 2017 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
WHEREAS, the Borrowers are parties to an Amended and Restated Credit Agreement dated as of March 24, 2016, as amended (collectively, the “Existing Credit Agreement”) with Crystal (as defined below) and East West Bank (collectively, the “Existing Lenders”) and the Agents identified therein, pursuant to which the Existing Lenders provide a revolving credit facility (including a sub-facility for letters of credit) and term credit facilities to the Borrowers; and
PETIQ, INC. NONQUALIFIED STOCK OPTION AGREEMENTNonqualified Stock Option Agreement • November 14th, 2018 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • Delaware
THIS NONQUALIFIED STOCK OPTION AGREEMENT (this “Agreement”) is made effective as of [______], 20[__] (the “Grant Date”) by and between PetIQ, Inc., a Delaware corporation (the “Company”), and ______________________ (the “Participant”), pursuant to the PetIQ, Inc. 2017 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”). Capitalized terms that are not defined herein shall have the meanings given to such terms in the Plan.
RECAPITALIZATION AGREEMENTRecapitalization Agreement • July 6th, 2017 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • Delaware
This Recapitalization Agreement (this “Agreement”), dated as of July , 2017, is entered into by and among PetIQ, Inc., a Delaware corporation (“PetIQ Corporation”), PetIQ Holdings, LLC, a Delaware limited liability company (“PetIQ LLC”), the Continuing LLC Owners (as defined herein), the C-Corp LLC Owners (as defined herein) and the C-Corp LLC Owner Parents (as defined herein). The parties hereto are collectively referred to herein as the “Parties.”
THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 9th, 2019 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
THIS THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”), dated as of July 8, 2019, is entered into by and among PETIQ, LLC, an Idaho limited liability company (“PetIQ”), the other Credit Parties signatory hereto (collectively with PETIQ, the “Borrowers”), the LENDERS signatory hereto, and EAST WEST BANK, a California banking corporation, as Administrative Agent for the Lenders (in such capacity, “Administrative Agent”), with reference to the following facts:
FOURTH AMENDMENT TO TERM LOAN CREDIT AGREEMENT AND FIRST AMENDMENT TO SECURITY AGREEMENTTerm Loan Credit Agreement • August 3rd, 2020 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
This FOURTH AMENDMENT TO TERM LOAN CREDIT AGREEMENT AND FIRST AMENDMENT TO SECURITY AGREEMENT (this “Amendment”) is dated as of July 28, 2020 and is entered into by and among PETIQ, LLC, an Idaho limited liability company (the “Borrower”), the Guarantors party hereto, ARES CAPITAL CORPORATION and each other Lender party hereto (consisting of the Required Lenders) and ARES CAPITAL CORPORATION, as the administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Existing Credit Agreement (as defined below) after giving effect to this Amendment.
SECOND AMENDMENT TO TERM LOAN CREDIT AGREEMENTTerm Loan Credit Agreement • May 14th, 2020 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
This SECOND AMENDMENT TO TERM LOAN CREDIT AGREEMENT (this “Amendment”) is dated as of May 14, 2020 and is entered into by and among PETIQ, LLC, an Idaho limited liability company (the “Borrower”), the Guarantors party hereto, ARES CAPITAL CORPORATION and each other Lender party hereto (consisting of the Required Lenders) and ARES CAPITAL CORPORATION, as the administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Existing Credit Agreement (as defined below) after giving effect to this Amendment.
UNIT PURCHASE AGREEMENTUnit Purchase Agreement • January 8th, 2018 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
THIS UNIT PURCHASE AGREEMENT (this “Agreement”) is entered into as of January 5, 2018, by and among PetIQ, Inc., a Delaware corporation (“PetIQ”), PetIQ Holdings, LLC, a Delaware limited liability company (“Holdings”), PetIQ, LLC, an Idaho limited liability company (the “Buyer”), Community Veterinary Clinics, LLC, a Delaware limited liability company (the “Company”), VIP Petcare Holdings, Inc. (the “Seller”), Will Santana (“Santana”) and Kenneth Pecoraro (“Pecoraro” and together with Santana, each a “Stockholder” and together, the “Stockholders”). Capitalized terms shall have the meanings set forth herein.
FIRST AMENDMENTLimited Liability Company Agreement • March 12th, 2019 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • Delaware
THIS FIRST AMENDMENT (this “Amendment”) TO THE SIXTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF PETIQ HOLDINGS, LLC (the “Company”), is effective as of January 5, 2018 (the “Effective Date”), is made, authorized, and approved by the undersigned Managing Member (as defined below). Capitalized terms not otherwise defined herein shall have the meanings set forth for such terms in the Sixth Amended and Restated Limited Liability Company Agreement of the Company, dated as of July 20, 2017 (as amended or restated from time to time, the “Agreement”).
CONTRIBUTION AGREEMENTContribution Agreement • July 6th, 2017 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • Delaware
This Contribution Agreement (this “Agreement”), dated as of July , 2017, is made and entered into by and among (i) PetIQ, Inc., a Delaware corporation (“PetIQ Corporation”), (ii) Eos Partners, L.P., a Delaware limited partnership (“Eos Partners”), Eos Capital Partners IV, L.P., a Delaware limited partnership (“Eos Capital Partners”), and Highland Consumer Fund I-B Limited Partnership, a Delaware limited partnership (“Highland” and, together with Eos Partners and Eos Capital Partners, the “C-Corp LLC Owner Parents”), and (iii) ECP IV TS Investor Co., a Delaware corporation (“ECP IV”), Eos TS Investor Co., a Delaware corporation (“Eos TS”), and HCP—TS Blocker Corp., a Delaware (“HCP” and, together with ECP IV and Eos TS, the “C-Corp LLC Owners”). The parties hereto are each referred to herein as a “Party” and collectively as the “Parties.” Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to such terms in the Recapitalization Agreement (defined belo
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND JOINDERCredit Agreement • August 14th, 2018 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND JOINDER (this “Amendment”), dated as of August 9, 2018, is entered into by and among PETIQ, LLC, an Idaho limited liability company (“PetIQ”), the other Credit Parties signatory hereto (collectively with PETIQ, the “Borrowers”), the LENDERS signatory hereto (including KEYBANK NATIONAL ASSOCIATION, which will become a Lender and the Syndication Agent pursuant to this Amendment), and EAST WEST BANK, a California banking corporation, as Administrative Agent for the Lenders (in such capacity, “Administrative Agent”), with reference to the following facts:
SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 8th, 2019 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
THIS SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”), dated as of March 25, 2019, is entered into by and among PETIQ, LLC, an Idaho limited liability company (“PetIQ”), the other Credit Parties signatory hereto (collectively with PETIQ, the “Borrowers”), the LENDERS signatory hereto, and EAST WEST BANK, a California banking corporation, as Administrative Agent for the Lenders (in such capacity, “Administrative Agent”), with reference to the following facts:
TRANSITION SERVICES AGREEMENTTransition Services Agreement • July 9th, 2019 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
This TRANSITION SERVICES AGREEMENT (this “Agreement”) is entered into as of July 8, 2019 by and between PetIQ, LLC, an Idaho limited liability company (“Service Recipient”), and L. Perrigo Company, a Michigan corporation (“Service Provider”). Service Recipient and Service Provider are sometimes hereinafter referred to individually as a “Party” and together as the “Parties.” Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Purchase and Sale Agreement, dated as of May 8, 2019 (the “Purchase Agreement”), by and among Service Provider, Service Recipient, solely for purposes of Section 9.13 of the Purchase Agreement, Perrigo Company plc, an Ireland public company limited by shares, and, solely for purposes of Section 9.14 of the Purchase Agreement, PetIQ, Inc., a Delaware corporation.
TRANSITION SUPPORT AGREEMENT AND GENERAL RELEASETransition Support Agreement • August 12th, 2021 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • Delaware
THIS TRANSITION SUPPORT AGREEMENT AND GENERAL RELEASE (the “Agreement and General Release”) is made and entered into on August 3, 2021 by and among John Newland (“Executive”) and PetIQ, LLC, an Idaho limited liability company (“Employer”). Executive’s last day of employment will be the later of (i) the date on which the 2021 Form 10-K for PetIQ, Inc., a Delaware corporation (“PetIQ, Inc.”), is signed or (ii) March 31, 2022 (the “Retirement Date”).
PURCHASE AND SALE AGREEMENT by and among PETIQ, LLC, L. PERRIGO COMPANY, Solely for purposes of Section 9.13, PERRIGO COMPANY PLC and Solely for purposes of Section 9.14, PETIQ, INC. Dated as of May 8, 2019Purchase and Sale Agreement • May 8th, 2019 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
This PURCHASE AND SALE AGREEMENT, dated as of May 8, 2019 (this “Agreement”), is entered into by and among PetIQ, LLC, an Idaho limited liability company (the “Buyer”), L. Perrigo Company, a Michigan corporation (the “Seller”), solely for purposes of Section 9.13, Perrigo Company plc, an Irish public limited company (the “Seller Parent”), and, solely for purposes of Section 9.14, PetIQ, Inc., a Delaware corporation (the “Buyer Guarantor”). The Buyer and the Seller are each referred to in this Agreement individually as a “Party” and, collectively, as the “Parties”.
SIXTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND FIRST AMENDMENT TO SECURITY AGREEMENTCredit Agreement • August 3rd, 2020 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
THIS SIXTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND FIRST AMENDMENT TO SECURITY AGREEMENT (this “Amendment”), dated as of July 28, 2020, is entered into by and among PETIQ, LLC, an Idaho limited liability company (“PetIQ”), the other Credit Parties signatory hereto (collectively with PetIQ, the “Borrowers”), the LENDERS signatory hereto, and EAST WEST BANK, a California banking corporation, as Administrative Agent for the Lenders (in such capacity, “Administrative Agent”), with reference to the following facts:
