ContractPre-Negotiation Agreement • May 5th, 2020
Contract Type FiledMay 5th, 2020<DOCUMENT> <TYPE>EX-10.1 <SEQUENCE>3 <FILENAME>c79086exv10w1.txt <DESCRIPTION>AMEND #1 TO PRE-NEGOTIATION AGREEMENT DTD 10/18/02 <TEXT> <PAGE> EXHIBIT 10.1 FIRST AMENDMENT TO PRE-NEGOTIATION AGREEMENT THIS FIRST AMENDMENT TO PRE-NEGOTIATION AGREEMENT dated as of October 18, 2002 (this "First Amendment"), by and among AKORN, INC., a Louisiana corporation ("Akorn"), AKORN (NEW JERSEY), INC., an Illinois corporation ("Akorn NJ") (Akorn and Akorn NJ being sometimes referred to herein individually as a "Borrower" and collectively as the "Borrowers"), and THE NORTHERN TRUST COMPANY, an Illinois banking corporation (the "Lender"); WITNESSETH: WHEREAS, the parties heretofore entered into the Pre-Negotiation Agreement dated as of September 20, 2002 (the "Prior Agreement"); and WHEREAS, the Borrowers have requested (i) a waiver with respect to compliance with Section 6.9 of the Prior Agreement for the period ending September 30, 2002, (ii) an amendment to the definition of "Borrowing Base" and (