ARA ALLIANCE, PURCHASE AND PRODUCTION AGREEMENT BY AND BETWEEN MARTEK BIOSCIENCES CORPORATION AND DSM FOOD SPECIALTIES B.V. Dated as of April 19, 2004Purchase and Production Agreement • June 14th, 2004 • Martek Biosciences Corp • Biological products, (no disgnostic substances) • New York
This Agreement (the “Agreement”) is made and entered into this 19th day of April, 2004 (the “Signing Date”), but with an effect as of and as though entered into on January 1, 2004 (the “Effective Date”) by and between DSM Food Specialties B.V., a Besloten Vennootschap organized under the laws of the Netherlands with its principal place of business at A. Fleminglaan 1, 2613 AX Delft, the Netherlands (“DSM”) and MARTEK BIOSCIENCES CORPORATION, a corporation organized under the laws of the State of Delaware with its principal place of business at 6480 Dobbin Road, Columbia, Maryland 21045 (“Martek”) who, intending to be legally bound, hereby agree as follows:
SIXTH AMENDMENT OF LEASELease Agreement • June 14th, 2004 • Martek Biosciences Corp • Biological products, (no disgnostic substances) • Maryland
FIRST MODIFICATION AGREEMENTModification Agreement • June 14th, 2004 • Martek Biosciences Corp • Biological products, (no disgnostic substances) • Maryland
THIS FIRST MODIFICATION AGREEMENT (“AGREEMENT”) is made to be effective as of April 30, 2004, by and between MANUFACTURERS AND TRADERS TRUST COMPANY, as Administrative Agent (“ADMINISTRATIVE AGENT”); MANUFACTURERS AND TRADERS TRUST COMPANY (“M&T”), BANK OF AMERICA, N.A. (“BANK OF AMERICA”), SUNTRUST BANK (“SUNTRUST”), COMERICA BANK (“COMERICA”), FIFTH THIRD BANK (“FIFTH THIRD”), and CHEVY CHASE BANK (“CHEVY CHASE”); MARTEK BIOSCIENCES CORPORATION, a Delaware corporation (“BORROWER”); MARTEK BIOSCIENCES BOULDER CORPORATION (“MARTEK BOULDER”), a Delaware corporation; and MARTEK BIOSCIENCES KINGSTREE CORPORATION (“MARTEK KINGSTREE”), a Delaware corporation. Hereafter, M&T, BANK OF AMERICA, SUNTRUST, COMERICA, FIFTH THIRD, and CHEVY CHASE are collectively referred to as the “LENDERS”; MARTEK BOULDER and MARTEK KINGSTREE are collectively referred to as the “GUARANTORS”; the BORROWER and the GUARANTORS are collectively referred to as the “OBLIGORS”; and the ADMINISTRATIVE AGENT, the LENDERS,
