TO SECOND LIEN CREDIT AND GUARANTY AGREEMENTSecond Lien Credit and Guaranty Agreement • April 4th, 2008 • Chem Rx Corp • Blank checks • New York
THIS FIRST AMENDMENT (this “Amendment”) TO SECOND LIEN CREDIT AND GUARANTY AGREEMENT (as it may be amended, supplemented, restated or otherwise modified from time to time in accordance with its terms, the “Credit Agreement”) is dated as of March 28, 2008 and is entered into by and among CHEM RX CORPORATION, a Delaware corporation (the “Borrower’’), the Subsidiaries of the Borrowerlisted on the signature pages hereto (the “Guarantors”), CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK AGENCY (“CIBC”), as Collateral Agent (“Collateral Agent”), CIBC, as Administrative Agent (“Administrative Agent”), the Lenders from time to time party thereto, and CIBC WORLD MARKETS CORP., as Sole Lead Arranger and Sole Book Runner. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Credit Agreement.
TO FIRST LIEN CREDIT AND GUARANTY AGREEMENTFirst Lien Credit and Guaranty Agreement • April 4th, 2008 • Chem Rx Corp • Blank checks • New York
THIS FIRST AMENDMENT (this “Amendment”) TO FIRST LIEN CREDIT AND GUARANTY AGREEMENT (as it may be amended, supplemented, restated or otherwise modified from time to time in accordance with its terms, the “Credit Agreement”) is dated as of March 28, 2008 and is entered into by and among CHEM RX CORPORATION, a Delaware corporation (the “Borrower’’), the Subsidiaries of the Borrowerlisted on the signature pages hereto (the “Guarantors”), CANADIAN IMPERIAL BANK OF COMMERCE, NEW YORK AGENCY (“CIBC”), as Administrative Agent (“Administrative Agent”) and Collateral Agent, the Lenders from time to time party thereto and CIBC WORLD MARKETS CORP., as Sole Lead Arranger and Sole Book Runner. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Credit Agreement.
