RESTATED STOCK PURCHASE WARRANTRegistration Rights Agreement • March 10th, 2011 • Kv Pharmaceutical Co /De/ • Pharmaceutical preparations • New York
Contract Type FiledMarch 10th, 2011 Company Industry JurisdictionFOR VALUE RECEIVED, K-V Pharmaceutical Company, a Delaware corporation (the “Company”), hereby grants to U.S. Healthcare I, L.L.C. (“U.S. Healthcare I”) and U.S. Healthcare, II L.L.C. (“U.S. Healthcare II” and together with U.S. Healthcare I and each of their registered assigns, each a “Registered Holder” and collectively, the “Registered Holders”) the right to purchase from the Company, in the case of U.S. Healthcare I, 1,800,632 shares of Common Stock, and in the case of U.S. Healthcare II, 886,879 shares of Common Stock, in each case less the number of shares of Common Stock already issued in connection with partial exercises of this Warrant, at a price per share of $1.62 (as adjusted from time to time in accordance herewith, the “Exercise Price”). This Warrant is one of several warrants (collectively, the “Warrants”) issued by the Company pursuant to the terms of the Credit and Guaranty Agreement, dated as of November 17, 2010 (the “Credit Agreement”), by and among the Company, as
RESTATED STOCK PURCHASE WARRANTRegistration Rights Agreement • March 10th, 2011 • Kv Pharmaceutical Co /De/ • Pharmaceutical preparations • New York
Contract Type FiledMarch 10th, 2011 Company Industry JurisdictionFOR VALUE RECEIVED, K-V Pharmaceutical Company, a Delaware corporation (the “Company”), hereby grants to U.S. Healthcare I, L.L.C. (“U.S. Healthcare I”) and U.S. Healthcare, II L.L.C. (“U.S. Healthcare II” and together with U.S. Healthcare I and each of their registered assigns, each a “Registered Holder” and collectively, the “Registered Holders”) the right to purchase from the Company, in the case of U.S. Healthcare I, 6,633,000 shares of Common Stock, and in the case of U.S. Healthcare II, 3,267,000 shares of Common Stock, in each case less the number of shares of Common Stock already issued in connection with partial exercises of this Warrant, at a price per share of $1.62 (as adjusted from time to time in accordance herewith, the “Exercise Price”). This Warrant is one of several warrants (collectively, the “Warrants”) issued by the Company pursuant to the terms of the Credit and Guaranty Agreement, dated as of November 17, 2010 (the “Credit Agreement”), by and among the Company, a
STOCK PURCHASE WARRANTRegistration Rights Agreement • March 10th, 2011 • Kv Pharmaceutical Co /De/ • Pharmaceutical preparations • New York
Contract Type FiledMarch 10th, 2011 Company Industry JurisdictionCommitment Letter, dated as of January 6, 2011, the “Credit Agreement”), by and among the Company, as the borrower and certain of its subsidiaries, as guarantors, the lenders party thereto from time to time and U.S. Healthcare I, L.L.C., as administrative agent and collateral agent. In connection with the Credit Agreement and the transactions contemplated thereby, the amount of the purchase price allocated to the Warrants granted to (i) U.S. Healthcare I is $9,504,962.84 and (ii) U.S. Healthcare II is $4,681,548.86. Certain capitalized terms used herein are defined in Section 5. The amount and kind of securities obtainable pursuant to the rights granted hereunder and the purchase price for such securities are subject to adjustment pursuant to the provisions contained in this Warrant.