CONSENT AND AGREEMENT OF HOLDERS OF SERIES A 6.0% PARTICIPATING CONVERTIBLE PREFERRED STOCK OF AKORN, INC. August 17, 2004Subscription Agreement • August 24th, 2004 • Akorn Inc • Pharmaceutical preparations • New York
This Consent and Agreement of Holders of Series A 6.0% Participating Convertible Preferred Stock is made and entered into by Akorn, Inc., a Louisiana corporation (the “Company”) and the undersigned holders of Series A 6.0% Participating Convertible Preferred Stock of the Company (“Series A Stock”) with respect to the following:
WAIVER AND CONSENT TO CREDIT AGREEMENTCredit Agreement • August 24th, 2004 • Akorn Inc • Pharmaceutical preparations • Illinois
THIS WAIVER AND CONSENT TO CREDIT AGREEMENT (this “Consent”) is executed and delivered as of this 23rd day of August, 2004 among LASALLE BANK NATIONAL ASSOCIATION, as administrative agent (the “Administrative Agent”), the financial institutions party hereto (the “Lenders”), AKORN, INC., a Louisiana corporation (“Akorn”) and Akorn (New Jersey), Inc., an Illinois corporation (“Akorn New Jersey”).
ContractShares Exercised • August 24th, 2004 • Akorn Inc • Pharmaceutical preparations
NEITHER THESE SECURITIES NOR THE SECURITIES ISSUABLE UPON EXERCISE OF THESE SECURITIES HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY. THESE SECURITIES AND THE SECURITIES ISSUABLE UPON EXERCISE OF THESE SECURITIES MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT SECURED BY SUCH SECURITIES.
SUBSCRIPTION AGREEMENTSubscription Agreement • August 24th, 2004 • Akorn Inc • Pharmaceutical preparations • New York
SUBSCRIPTION AGREEMENT (this “Agreement”) made as of the date set forth on the signature page hereof between Akorn, Inc., a Louisiana corporation (the “Company”), and the undersigned (the “Subscriber”).
