SIXTH SUPPLEMENTAL INDENTURE
Exhibit 4.8
SIXTH SUPPLEMENTAL INDENTURE (this “Sixth Supplemental Indenture”), dated as of November 6, 2013, among NBTY, Inc., a Delaware corporation (the “Company”), Nature’s Origin, LLC, a Delaware limited liability company and a subsidiary of the Company (the “Guaranteeing Subsidiary”), and The Bank of New York Mellon, as trustee under the Indenture referred to below (the “Trustee”).
WHEREAS, the Company has heretofore executed and delivered to the Trustee an indenture, dated as of October 1, 2010, as amended and supplemented through the date of this Sixth Supplemental Indenture (the “Indenture”), providing for the issuance of 9% Senior Notes due 2018 (the “Notes”);
WHEREAS, pursuant to Section 9.5 of the Indenture, the Trustee is authorized to execute and deliver this Sixth Supplemental Indenture.
Section 5. GOVERNING LAW. THIS SIXTH SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.
Section 6. WAIVER OF JURY TRIAL. EACH OF THE COMPANY, THE GUARANTEEING SUBSIDIARY AND THE TRUSTEE HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS SIXTH SUPPLEMENTAL INDENTURE OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Section 7. COUNTERPARTS. The parties may sign any number of copies of this Sixth Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. Delivery of an executed counterpart of a signature page to this Sixth Supplemental Indenture by telecopier, facsimile or other electronic transmission (i.e., a “pdf” or “tif”) shall be effective as delivery of a manually executed counterpart thereof.
Section 9. RECITALS; TRUSTEE. The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Sixth Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made solely by the Guaranteeing Subsidiary and the Company. In acting hereunder, the Trustee shall be entitled to the rights, protections and immunities given to it under the Indenture.
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NBTY, INC. | |
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By: |
/s/ Xxxxxxxxxxx Xxxxxxx |
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Name: Xxxxxxxxxxx Xxxxxxx |
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Title: Senior Vice President, General Counsel |
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NATURE’S ORIGIN, LLC | |
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By: |
/s/ Xxxxxxxxxxx Xxxxxxx |
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Name: Xxxxxxxxxxx Xxxxxxx |
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Title: Senior Vice President and Secretary |
[Signature Page to Sixth Supplemental Indenture]
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THE BANK OF NEW YORK MELLON, | |
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By: |
/s/ Xxxxxxxx X. X’Xxxxx |
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Name: Xxxxxxxx X. X’Xxxxx |
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Title: Vice President |
[Signature Page to Sixth Supplemental Indenture]