SUPPLEMENTAL INDENTURE RELATED TO THE ASSUMPTION
Exhibit 4.2
RELATED TO THE ASSUMPTION
SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”) dated as of March 27, 2015, among VALEANT PHARMACEUTICALS INTERNATIONAL, INC., a corporation continued under the British Columbia Business Corporations Act (the “Company”), the Note Guarantors party hereto (the “Guarantors”) and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association duly organized under the laws of the United States, as trustee under the Indenture referred to below (the “Trustee”).
W I T N E S S E T H :
WHEREAS VRX ESCROW CORP., a corporation organized under the federal laws of Canada (the “Escrow Issuer”) has heretofore executed and delivered to the Trustee an indenture (as amended, supplemented or otherwise modified, the “Indenture”) dated as of March 27, 2015, providing for the issuance of the Escrow Issuer’s 5.375% Senior Notes due 2020 (the “2020 Notes”), 5.875% Senior Notes due 2023 (the “2023 Notes”), 4.50% Senior Notes due 2023 (the “Euro Notes”) and 6.125% Senior Notes due 2025 (the “2025 Notes” and, together with the 2020 Notes, the 2023 Notes and the Euro Notes, the “Notes”), initially in the aggregate principal amount of $2,000,000,000 in respect of the 2020 Notes, in the aggregate principal amount of $3,250,000,000 in respect of the 2023 Notes, in the aggregate principal amount of €1,500,000,000 in respect of the Euro Notes and in the aggregate principal amount of $3,250,000,000 in respect of the 2025 Notes;
WHEREAS pursuant to Section 9.1 of the Indenture, the Trustee, the Company and the Guarantors are authorized to execute and deliver this Supplemental Indenture;
NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Company, the Guarantors and the Trustee mutually covenant and agree for the equal and ratable benefit of the holders of the Notes as follows:
1. Defined Terms. As used in this Supplemental Indenture, terms defined in the Indenture or in the preamble or recital hereto are used herein as therein defined. The words “herein,” “hereof” and “hereby” and other words of similar import used in this Supplemental Indenture refer to this Supplemental Indenture as a whole and not to any particular section hereof.
2. Agreement to Assume Obligations. Effective upon the Escrow Release, the Company hereby agrees to unconditionally assume the Escrow Issuer’s Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of the Escrow Issuer under the Indenture.
3. Agreement to Guarantee. Effective upon the Escrow Release, the Guarantors agree, jointly and severally, to unconditionally guarantee the Company’s Obligations under the Notes and the Indenture on the terms and subject to the conditions set forth in Article 10 of the Indenture and to be bound by all other applicable provisions of the Indenture and the Notes and to perform all of the obligations and agreements of a Note Guarantor under the Indenture.
4. Notices. All notices or other communications to the Company shall be given as provided in Section 11.2 of the Indenture.
5. Ratification of Indenture; Supplemental Indenture Part of Indenture. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every holder of Notes heretofore or hereafter authenticated and delivered shall be bound hereby.
6. Release of Obligations of Escrow Issuer. Effective upon the Escrow Release and the execution of this Supplemental Indenture, the Escrow Issuer is automatically released and discharged from all obligations under the Indenture and the Notes, without any further action on the part of the Escrow Issuer or the Trustee.
7. Governing Law. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW.
8. Trustee Makes No Representation. The Trustee makes no representation as to the validity or sufficiency of this Supplemental Indenture. The recitals and statements herein are deemed to be those of the Company and the Guarantors and not of the Trustee.
9. Counterparts. The parties may sign any number of copies of this Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement.
10. Effect of Headings. The Section headings herein are for convenience only and shall not effect the construction thereof.
IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Indenture to be duly executed as of the date first above written.
VALEANT PHARMACEUTICALS INTERNATIONAL, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer |
[Signature Page to Supplemental Indenture]
COMPANY GUARANTORS: | ||||
VALEANT PHARMACEUTICALS INTERNATIONAL | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
BAUSCH & LOMB INCORPORATED | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
BAUSCH & LOMB HOLDINGS INCORPORATED | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Vice President and Treasurer | |||
SOLTA MEDICAL, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer |
[Signature Page to Supplemental Indenture]
ATON PHARMA, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
XXXXX LABORATORIES, LTD. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
DOW PHARMACEUTICAL SCIENCES, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer |
[Signature Page to Supplemental Indenture]
OBAGI MEDICAL PRODUCTS, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Treasurer | |||
OMP, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Treasurer | |||
ONPHARMA INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Treasurer |
[Signature Page to Supplemental Indenture]
Signed by | ||||
Valeant Holdco 2 Pty Ltd (ACN 154 341 367) | ||||
in accordance with section 127 of the Corporations Xxx 0000 by two directors: | ||||
/s/ Xxxxxx X. Xxxx-Onn |
/s/ Xxxxx X. XxXxxxx | |||
Signature of director | Signature of director | |||
Xxxxxx X. Xxxx-Onn |
Xxxxx X. XxXxxxx | |||
Name of director (please print) | Name of director (please print) | |||
Signed by | ||||
Wirra Holdings Pty Limited (ACN 122 216 577) | ||||
in accordance with section 127 of the Corporations Xxx 0000 by two directors: | ||||
/s/ Xxxxxx X. Xxxx-Onn |
/s/ Xxxxx X. XxXxxxx | |||
Signature of director | Signature of director | |||
Xxxxxx X. Xxxx-Onn |
Xxxxx X. XxXxxxx | |||
Name of director (please print) | Name of director (please print) | |||
Signed by | ||||
Wirra Operations Pty Limited (ACN 122 250 088) | ||||
in accordance with section 127 of the Corporations Xxx 0000 by two directors: | ||||
/s Xxxxxx X. Xxxx-Onn |
/s/ Xxxxx X. XxXxxxx | |||
Signature of director | Signature of director | |||
Xxxxxx X. Xxxx-Onn |
Xxxxx X. XxXxxxx | |||
Name of director (please print) | Name of director (please print) |
[Signature Page to Supplemental Indenture]
Signed by | ||||
iNova Pharmaceuticals (Australia) Pty Limited (ACN 000 222 408) | ||||
in accordance with section 127 of the Corporations Xxx 0000 by two directors: | ||||
/s/ Xxxxxx X. Xxxx-Onn |
/s/ Xxxxx X. XxXxxxx | |||
Signature of director | Signature of director | |||
Xxxxxx X. Xxxx-Onn |
Xxxxx X. XxXxxxx | |||
Name of director (please print) | Name of director (please print) | |||
Signed by | ||||
Wirra IP Pty Limited (ACN 000 000 000) | ||||
in accordance with section 127 of the Corporations Xxx 0000 by two directors: | ||||
/s/ Xxxxxx X. Xxxx-Onn |
/s/ Xxxxx X. XxXxxxx | |||
Signature of director | Signature of director | |||
Xxxxxx X. Xxxx-Onn |
Xxxxx X. XxXxxxx | |||
Name of director (please print) | Name of director (please print) | |||
Signed by | ||||
iNova Sub Pty Limited (ACN 134 398 815) | ||||
in accordance with section 127 of the Corporations Xxx 0000 by two directors: | ||||
/s/ Xxxxxx X. Xxxx-Onn |
/s/ Xxxxx X. XxXxxxx | |||
Signature of director | Signature of director | |||
Xxxxxx X. Xxxx-Onn |
Xxxxx X. XxXxxxx | |||
Name of director (please print) | Name of director (please print) |
[Signature Page to Supplemental Indenture]
Signed by | ||||
Valeant Pharmaceuticals Australasia Pty Limited (ACN 001 083 352) | ||||
in accordance with section 127 of the Corporations Xxx 0000 by a director and secretary/director: | ||||
/s/ Xxxxxx X. Xxxx-Onn |
/s/ Xxxxx X. XxXxxxx | |||
Signature of director | Signature of director/secretary | |||
Xxxxxx X. Xxxx-Onn |
Xxxxx X. XxXxxxx | |||
Name of director (please print) | Name of director/secretary (please print) | |||
Signed by | ||||
DermaTech Pty Ltd (ACN 000 000 000) | ||||
in accordance with section 127 of the Corporations Xxx 0000 by a director and secretary/director: | ||||
/s/ Xxxxxx X. Xxxx-Onn |
/s/ Xxxxxx X. Xxxxxxxx | |||
Signature of director | Signature of director/secretary | |||
Xxxxxx X. Xxxx-Onn |
Xxxxxx X. Xxxxxxxx | |||
Name of director (please print) | Name of director/secretary (please print) |
[Signature Page to Supplemental Indenture]
Signed by | ||||
Private Formula International Holdings Pty Ltd (ACN 095 450 918) | ||||
in accordance with section 127 of the Corporations Xxx 0000 by a director and secretary/director: | ||||
/s/ Xxxxxx X. Xxxx-Onn |
/s/ Xxxxxx X. Xxxxxxxx | |||
Signature of director | Signature of director/secretary | |||
Xxxxxx X. Xxxx-Onn |
Xxxxxx X. Xxxxxxxx | |||
Name of director (please print) | Name of director/secretary (please print) | |||
Signed by | ||||
Private Formula International Pty Ltd (ACN 095 451 442) | ||||
in accordance with section 127 of the Corporations Xxx 0000 by a director and secretary/director: | ||||
/s/ Xxxxxx X. Xxxx-Onn |
/s/ Xxxxxx X. Xxxxxxxx | |||
Signature of director | Signature of director/secretary | |||
Xxxxxx X. Xxxx-Onn |
Xxxxxx X. Xxxxxxxx | |||
Name of director (please print) | Name of director/secretary (please print) |
[Signature Page to Supplemental Indenture]
Signed by | ||||
Ganehill Pty Ltd (ACN 065 261 538) | ||||
in accordance with section 127 of the Corporations Xxx 0000 by a director and secretary/director: | ||||
/s/ Xxxxxx X. Xxxx-Onn |
/s/ Xxxxxx X. Xxxxxxxx | |||
Signature of director | Signature of director/secretary | |||
Xxxxxx X. Xxxx-Onn |
Xxxxxx X. Xxxxxxxx | |||
Name of director (please print) | Name of director/secretary (please print) |
[Signature Page to Supplemental Indenture]
Signed by | ||||
Bausch & Lomb (Australia) Pty Ltd (ACN: 000 650 251) | ||||
in accordance with section 127 of the Corporations Xxx 0000 by a director and secretary/director: | ||||
/s/ Xxxxx X. XxXxxxx |
/s/ Xxxx Xxxx | |||
Signature of director | Signature of director/secretary | |||
Xxxxx X. XxXxxxx |
Xxxx Xxxx | |||
Name of director (please print) | Name of director/secretary (please print) |
[Signature Page to Supplemental Indenture]
HYTHE PROPERTY INCORPORATED | ||||
By: | /s/ Xxxxxxxx Xxxxxx | |||
Name: | Xxxxxxxx Xxxxxx | |||
Title: | Assistant Secretary |
[Signature Page to Supplemental Indenture]
VALEANT INTERNATIONAL BERMUDA | ||||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: | Xxxxxx Xxxxxxx | |||
Title: | Director | |||
VALEANT PHARMACEUTICALS NOMINEE BERMUDA | ||||
By: | /s/ Xxxxx XxXxxxx | |||
Name: | Xxxxx XxXxxxx | |||
Title: | President and Assistant Secretary |
[Signature Page to Supplemental Indenture]
PROBIÓTICA LABORATÓRIOS LTDA. | ||||
By: | /s/ Xxxxxxx Xxxx Xxxxxxx | |||
Name: | Xxxxxxx Xxxx Xxxxxxx | |||
Title: | Officer | |||
By: | /s/ Xxxxxxxxx Xxxxxxx | |||
Name: | Xxxxxxxxx Xxxxxxx | |||
Title: | Officer |
[Signature Page to Supplemental Indenture]
IOLAB CORPORATION | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Treasurer | |||
TECHNOLAS PERFECT VISION, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
BAUSCH & LOMB PHARMA HOLDINGS CORP. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
BAUSCH & LOMB CHINA, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
BAUSCH & LOMB SOUTH ASIA, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
BAUSCH & LOMB TECHNOLOGY CORPORATION | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Treasurer |
[Signature Page to Supplemental Indenture]
RHC HOLDINGS, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
SIGHT SAVERS, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
BAUSCH & LOMB INTERNATIONAL, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
BAUSCH & LOMB REALTY CORPORATION. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Vice President and Treasurer | |||
ISTA PHARMACEUTICALS, LLC | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
VRX HOLDCO, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Chief Financial Officer and Treasurer |
[Signature Page to Supplemental Indenture]
VALEANT CANADA GP LIMITED | ||||
By: | /s/ Xxxxxx X. Xxxxxxxx | |||
Name: | Xxxxxx X. Xxxxxxxx | |||
Title: | Executive Vice President and Chief Financial Officer | |||
VALEANT CANADA S.E.C./VALEANT CANADA LP | ||||
By: | /s/ Xxxxxx X. Xxxxxxxx | |||
Name: | Xxxxxx X. Xxxxxxxx | |||
Title: | Executive Vice President and Chief | |||
Financial Officer | ||||
V-BAC HOLDING CORP. | ||||
By: | /s/ Xxxxxx X. Xxxx-Onn | |||
Name: | Xxxxxx X. Xxxx-Onn | |||
Title: | Vice President |
[Signature Page to Supplemental Indenture]
MEDICIS PHARMACEUTICAL CORPORATION | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
VALEANT PHARMACEUTICALS NORTH AMERICA LLC | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
XX. XXXXXX’X PRIVATE FORMULA INTERNATIONAL, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
PRINCETON PHARMA HOLDINGS, LLC | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
PRIVATE FORMULA CORP. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer |
[Signature Page to Supplemental Indenture]
XXXXXX SKIN CARE LABORATORIES, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer |
[Signature Page to Supplemental Indenture]
VALEANT BIOMEDICALS, INC. | ||||
By: | /s/ Xxxxxx X. Xxxxxxxx | |||
Name: | Xxxxxx X. Xxxxxxxx | |||
Title: | Chief Financial Officer and Treasurer | |||
OCEANSIDE PHARMACEUTICALS, INC. | ||||
By: | /s/ Xxxxxx X. Xxxxxxxx | |||
Name: | Xxxxxx X. Xxxxxxxx | |||
Title: | Chief Financial Officer and Treasurer | |||
BIOVAIL AMERICAS CORP. | ||||
By: | /s/ Xxxxxx X. Xxxxxxxx | |||
Name: | Xxxxxx X. Xxxxxxxx | |||
Title: | Chief Financial Officer and Treasurer | |||
ORAPHARMA, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer | |||
ORAPHARMA TOPCO HOLDINGS, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer |
[Signature Page to Supplemental Indenture]
PRESTWICK PHARMACEUTICALS, INC. | ||||
By: | /s/ Xxxxxx X. Xxxxxxxx | |||
Name: | Xxxxxx X. Xxxxxxxx | |||
Title: | Chief Financial Officer and Treasurer |
[Signature Page to Supplemental Indenture]
LABORATOIRE XXXXXXX S.A.S. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx XxXxxxx | |||
Title: | General Manager | |||
BAUSCH & LOMB FRANCE S.A.S. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx XxXxxxx | |||
Title: | General Manager | |||
BCF S.A.S. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx XxXxxxx | |||
Title: | General Manager | |||
XXXXXXX OPSIA S.A.S. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx XxXxxxx | |||
Title: | General Manager |
[Signature Page to Supplemental Indenture]
VALEANT PHARMA HUNGARY LLC | ||||
By: | /s/ Xxxxxx Xxxxxx | |||
Name: | Xxxxxx Xxxxxx | |||
Title: | Managing Director | |||
VALEANT PHARMA HUNGARY LLC | ||||
By: | /s/ Xxxxxx Xxxxx | |||
Name: | Xxxxxx Xxxxx | |||
Title: | Managing Director |
[Signature Page to Supplemental Indenture]
VALEANT PHARMACEUTICALS IRELAND | ||||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: | Xxxxxx Xxxxxxx | |||
Title: | Director | |||
VALEANT HOLDINGS IRELAND | ||||
By: | /s/ Xxxxxx Xxxxxxx | |||
Name: | Xxxxxx Xxxxxxx | |||
Title: | Director |
[Signature Page to Supplemental Indenture]
B.L.J. COMPANY, LTD. | ||||
By: | /s/ Xxx Xxxxxxx | |||
Name: | Xxx Xxxxxxx | |||
Title: | Representative Director and President |
[Signature Page to Supplemental Indenture]
AB SANITAS | ||||
By: | /s/ Xxxxx Xxxxxxxx | |||
Name: | Xxxxx Xxxxxxxx | |||
Title: | General Manager |
[Signature Page to Supplemental Indenture]
BIOVAIL INTERNATIONAL S.Á.X.X. | ||||
By: | /s/ Xxxxxxxx xx Xxxxxx | |||
Name: | Xxxxxxxx xx Xxxxxx | |||
Title: | Manager | |||
VALEANT PHARMACEUTICALS LUXEMBOURG S.Á.X.X. | ||||
By: | /s/ Xxxxxxxx xx Xxxxxx | |||
Name: | Xxxxxxxx xx Xxxxxx | |||
Title: | Manager | |||
VALEANT INTERNATIONAL LUXEMBOURG S.Á.X.X. | ||||
By: | /s/ Xxxxxxxx xx Xxxxxx | |||
Name: | Xxxxxxxx xx Xxxxxx | |||
Title: | Manager | |||
BAUSCH & LOMB LUXEMBOURG S.Á.X.X. | ||||
By: | /s/ Xxxxxxxx xx Xxxxxx | |||
Name: | Xxxxxxxx xx Xxxxxx | |||
Title: | Manager |
[Signature Page to Supplemental Indenture]
UCYCLYD PHARMA, INC. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Senior Vice President and Treasurer |
[Signature Page to Supplemental Indenture]
VALEANT EUROPE B.V. | ||||
By: | /s/ Xxxxxx Xxxxxx | |||
Name: | Xxxxxx Xxxxxx | |||
Title: | Attorney-in-Fact | |||
BAUSCH & LOMB B.V. | ||||
By: | /s/ Xxxxxx Xxxxxx | |||
Name: | Xxxxxx Xxxxxx | |||
Title: | Attorney-in-Fact | |||
BAUSCH + LOMB OPS B.V. | ||||
By: | /s/ Xxxxxx Xxxxxx | |||
Name: | Xxxxxx Xxxxxx | |||
Title: | Attorney-in-Fact |
[Signature Page to Supplemental Indenture]
PRZEDSIĘBIORSTWO FARMACEUTYCZNE JELFA S.A. | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Attorney-in-Fact | |||
VALEANT SP.Z O. O. | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Attorney-in-Fact | |||
VP VALEANT SP. Z O.O.SP.J. | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Attorney-in-Fact | |||
VALEANT SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SP.J. | ||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxxx | |||
Title: | Attorney-in-Fact |
[Signature Page to Supplemental Indenture]
PHARMASWISS D.O.O., BEOGRAD | ||||
By: | /s/ Xxxxx Xxxxxxx | |||
Name: | Xxxxx Xxxxxxx | |||
Title: | General Manager | |||
(corporate stamp) |
[Signature Page to Supplemental Indenture]
PHARMASWISS D.O.O. | ||||
By: | /s/ Senahil Asanagić | |||
Name: | Senahil Asanagić | |||
Title: | Director |
[Signature Page to Supplemental Indenture]
INOVA PHARMACEUTICALS PROPRIETARY LIMITED | ||||
By: | /s/ Xxxxxx X. Xxxxxxxx | |||
Name: | Xxxxxx X. Xxxxxxxx | |||
Title: | Director |
[Signature Page to Supplemental Indenture]
PHARMASWISS SA | ||||
By: | /s/ Matthias Courvoisier | |||
Name: | Matthias Courvoisier | |||
Title: | Director |
[Signature Page to Supplemental Indenture]
Executed by BAUSCH & LOMB U.K. LIMITED, acting by: |
/s/ Xxxxx X. XxXxxxx |
Director |
Name of director: Xxxxx X. XxXxxxx in the presence of: |
/s/ Xxxxxxx Xxxxxx |
Name of witness: Xxxxxxx Xxxxxx |
Address: |
Occupation: |
[Signature Page to Supplemental Indenture]
BAUSCH & LOMB IOM S.P.A. | ||||
By: | /s/ Xxxxx X. XxXxxxx | |||
Name: | Xxxxx X. XxXxxxx | |||
Title: | Director |
[Signature Page to Supplemental Indenture]
SIGNED for and on behalf | ) | |||||||||
of VALEANT PHARMACEUTICALS NEW ZEALAND LIMITED | ) ) |
/s/ Xxxxxx Xxxxxxxx | /s/ Xxxxxx X. Xxxx-Onn | |||||||
| ||||||||||
Name: | Xxxxxx Xxxxxxxx | Name: | Xxxxxx X. Xxxx-Onn | |||||||
Title: | Director | Title: | Director |
[Signature Page to Supplemental Indenture]
INOVA PHARMACEUTICALS (SINGAPORE) PTE LIMITED | ||||
By: | /s/ Xxxxxx Xxxxxxxx | |||
Name: | Xxxxxx Xxxxxxxx | |||
Title: | Director |
[Signature Page to Supplemental Indenture]
THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee | ||||
By: | /s/ Xxxxxxxx Xxxxxx | |||
Name: | Xxxxxxxx Xxxxxx | |||
Title: | Vice President |
[Signature Page to Supplemental Indenture]
Acknowledged and Agreed by: | ||||
VRX ESCROW CORP. | ||||
By: | /s/ Xxxxx XxXxxxx | |||
Name: | Xxxxx XxXxxxx | |||
Title: | Senior Vice President and Treasurer |
[Signature Page to Supplemental Indenture]