SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of December 30, 2006 Between HearUSA, Inc., as Borrower, and SIEMENS HEARING INSTRUMENTS, INC., as LenderCredit Agreement • April 6th, 2007 • Hearusa Inc • Retail-retail stores, nec • New York
SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of December 30, 2006, between HearUSA, Inc. (formerly HEARx, Ltd.), a Delaware corporation (the “Borrower”), and Siemens Hearing Instruments, Inc., a Delaware corporation (the “Lender”).
AMENDED AND RESTATED SUPPLY AGREEMENTSupply Agreement • April 6th, 2007 • Hearusa Inc • Retail-retail stores, nec • New York
The undersigned hereby acknowledges and confirms that the undersigned (i) has received a copy of the Supply Agreement, dated as of 2007(the “Agreement”), by and among Siemens Hearing Instruments, Inc., and certain Siemens Affiliates (which, for the purposes of this Exhibit B, are called “Sellers”) and HearUSA, Inc., a copy of which is attached hereto, (ii) has read and understands fully the provisions of the Agreement, and (iii) proposes to become a party thereto as a “Seller” in accordance with the provisions of the Agreement.
HEARUSA, INC. INVESTOR RIGHTS AGREEMENTInvestor Rights Agreement • April 6th, 2007 • Hearusa Inc • Retail-retail stores, nec • New York
THIS INVESTOR RIGHTS AGREEMENT (this “Agreement“) is entered into as of the _30th___day of December, 2006, by and between HEARUSA, INC., a Delaware corporation (the “Company“) and SIEMENS HEARING INSTRUMENTS, INC., a Delaware corporation (the “Investor“).
Amendment No. 1 to Amended and Restated Security AgreementSecurity Agreement • April 6th, 2007 • Hearusa Inc • Retail-retail stores, nec • New York
This Amendment No. 1 to Amended and Restated Security Agreement (this “Amendment”) is entered into as of the Closing Date (as defined in the Credit Agreement defined below), by and between HearUSA, Inc. (formerly HEARx, LTD.), a Delaware corporation (the “Debtor”), and SIEMENS HEARING INSTRUMENTS, INC., a Delaware corporation (the “Secured Party”).
