CREDIT AND GUARANTY AGREEMENT dated as of September 27, 2010 among VALEANT PHARMACEUTICALS INTERNATIONAL, as Borrower, BIOVAIL CORPORATION, as Parent and a Guarantor, CERTAIN SUBSIDIARIES OF VALEANT PHARMACEUTICALS INTERNATIONAL and BIOVAIL...Credit and Guaranty Agreement • October 1st, 2010 • Valeant Pharmaceuticals International • Pharmaceutical preparations • New York
This CREDIT AND GUARANTY AGREEMENT, dated as of September 27, 2010, is entered into by and among VALEANT PHARMACEUTICALS INTERNATIONAL, a Delaware corporation (the “Borrower”), and, upon consummation of the Merger (as defined herein) and delivery of the Counterpart Agreement (as defined herein) pursuant to Section 5.16, BIOVAIL CORPORATION, a corporation continued under the federal laws of Canada (“Parent”), CERTAIN SUBSIDIARIES OF THE BORROWER, as Guarantors, and, upon consummation of the Merger (as defined herein) and delivery of the Counterpart Agreement (as defined herein) pursuant to Section 5.16, CERTAIN SUBSIDIARIES OF PARENT, as Guarantors, the Lenders party hereto from time to time, GOLDMAN SACHS LENDING PARTNERS LLC (“GSLP”), MORGAN STANLEY SENIOR FUNDING, INC. (“Morgan Stanley”) and JEFFERIES FINANCE LLC (“Jefferies”), as Joint Lead Arrangers, Joint Bookrunners and Syndication Agents (each of GSLP, Morgan Stanley and Jefferies in such capacities, “Syndication Agent”), GSLP,
