SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • March 7th, 2006 • Akorn Inc • Pharmaceutical preparations • New York
SECURITIES PURCHASE AGREEMENT (the “Agreement”), dated as of March 1, 2006, by and among Akorn, Inc., a Louisiana corporation with headquarters located at 2500 Millbrook Drive, Buffalo Grove, Illinois 60089 (the “Company”), and the investors listed on the Schedule of Investors attached hereto as Exhibit A (individually, an “Investor” and collectively, the “Investors”).
AMENDMENT, WAIVER AND CONSENT TO CREDIT AGREEMENTCredit Agreement • March 7th, 2006 • Akorn Inc • Pharmaceutical preparations • Illinois
THIS AMENDMENT, WAIVER AND CONSENT TO CREDIT AGREEMENT (this “Amendment”) is executed and delivered as of this 1st day of March, 2006 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”).
Warrant No. [ ] Dated: March , 2006Warrant Agreement • March 7th, 2006 • Akorn Inc • Pharmaceutical preparations • New York
Akorn, Inc., a Louisiana corporation (the “Company”), hereby certifies that, for value received, [Name of Holder] or its registered assigns (the “Holder”), is entitled to purchase from the Company up to a total of [ 1 shares of common stock, no par value per share (the “Common Stock”), of the Company (each such share, a “Warrant Share” and all such shares, the “Warrant Shares”) at an exercise price equal to $5.40 per share (as adjusted from time to time as provided in Section 9, the “Exercise Price”), at any time and from 180 days from the date hereof and through and including the date that is five years from the date of issuance hereof (the “Expiration Date”), and subject to the following terms and conditions. This Warrant (this “Warrant”) is one of a series of similar warrants issued pursuant to that certain Securities Purchase Agreement, dated as of the date hereof, by and among the Company and the Purchasers identified therein (the “Purchase Agreement”). All such warrants are refer
