Nichi-Iko Pharmaceutical Co., Ltd. 6-21, Sogawa 1-chome Toyama-shi, Toyama Japan Attention: Yuichi Tamura, President & CEO Ladies and Gentlemen:Merger Agreement • August 1st, 2016 • Shepard Vision, Inc. • Pharmaceutical preparations • Delaware
Reference is made to that certain Agreement and Plan of Merger, dated as of the date hereof (as amended from time to time, the “Merger Agreement”), by and among Nichi-Iko Pharmaceutical Co., Ltd., a Japanese corporation (“Parent”), Shepard Vision Inc., a Delaware corporation and a direct wholly-owned Subsidiary of Parent (“Merger Sub”), and Sagent Pharmaceuticals, Inc., a Delaware corporation (the “Company”). Capitalized terms used but not otherwise defined in this letter agreement have the meanings set forth in the Merger Agreement.
Nichi-Iko Pharmaceutical Co., Ltd.Commitment Letter • August 1st, 2016 • Shepard Vision, Inc. • Pharmaceutical preparations • Tokyo
TRANSLATION] (Reference purpose only) —BORROWER— Nichi-Iko Pharmaceutical Co., Ltd. —LENDER— Sumitomo Mitsui Banking Corporation LOAN AGREEMENT August 22, 2016Loan Agreement • August 22nd, 2016 • Shepard Vision, Inc. • Pharmaceutical preparations • Tokyo
This agreement (this “Agreement”) is entered into by and between Nichi-Iko Pharmaceutical Co., Ltd. as the Borrower and Sumitomo Mitsui Banking Corporation as the Lender as of August 22, 2016.
