SECURITY AGREEMENT among HEARX, LTD., as Debtor and SIEMENS HEARING INSTRUMENTS, INC., as Secured Party Dated as of December 7, 2001Security Agreement • December 26th, 2001 • Hearx LTD • Retail-retail stores, nec • New York
SECURITY AGREEMENT, dated as of December 7, 2001 (this “Agreement”), by and between HEARX, LTD., a Delaware corporation (the “Debtor”), and SIEMENS HEARING INSTRUMENTS, INC., a Delaware corporation (the “Secured Party”),
SUPPLY AGREEMENTSupply Agreement • December 26th, 2001 • Hearx LTD • Retail-retail stores, nec • New York
This Agreement, is made as of the 7th day of December, 2001 (“Execution Date”), among Siemens Hearing Instruments, Inc., a Delaware corporation, with an address at 10 Constitution Avenue, Piscataway, New Jersey 08855 (“SHI” or “Seller”), certain subsidiaries and affiliates of Siemens Aktiengesellschaft (collectively, the “Siemens Affiliates”) and HEARx, Ltd., a Delaware corporation, with an address at 1250 Northpoint Parkway, West Palm Beach, FL 33407 (“HEARx” or “Buyer”).
CREDIT AGREEMENT Dated as of December 7, 2001 Between HEARX LTD., as Borrower, and SIEMENS HEARING INSTRUMENTS, INC., as LenderCredit Agreement • December 26th, 2001 • Hearx LTD • Retail-retail stores, nec • New York
FOR VALUE RECEIVED, the undersigned, HEARX LTD., a Delaware corporation (the “Borrower”), HEREBY PROMISES TO PAY to the order of SIEMENS HEARING INSTRUMENTS, INC. (the “Lender”) the principal sum of TEN MILLION EIGHT HUNDRED SEVENTY-FIVE THOUSAND United States Dollars ($10,875,000), or, if less, the aggregate unpaid principal amount of the Tranche A Term Loan (as defined in the Credit Agreement referred to below) of the Lender to the Borrower, payable at such times, and in such amounts, as are specified in the Credit Agreement.
