0000950133-06-003670 Sample Contracts

CREDIT AND SECURITY AGREEMENT
Credit and Security Agreement • August 9th, 2006 • Advancis Pharmaceutical Corp • Pharmaceutical preparations • New York

THIS CREDIT AND SECURITY AGREEMENT (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Agreement”) is dated as of June 30, 2006 by and among ADVANCIS PHARMACEUTICAL CORPORATION (“Advancis”), a Delaware corporation, and any additional Borrower that may hereafter be added to this Agreement (Advancis and each other Borrower hereafter added to this Agreement, individually as a Borrower and collectively as Borrowers), MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., individually as a Lender, and as Agent, and the financial institutions or other entities from time to time parties hereto, each as a Lender.

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