FIFTH AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • December 3rd, 2008 • Synergetics Usa Inc • Electromedical & electrotherapeutic apparatus • Missouri
This Fifth Amendment to Credit and Security Agreement (“Fifth Amendment”) is entered into as of December 1, 2008, by and among Synergetics, Inc., a Missouri corporation, and Synergetics USA, Inc., a Delaware corporation (individually, a “Borrower” and together, the “Borrowers”), and Regions Bank (“Lender”).
SECOND 2008 AMENDED AND RESTATED REVOLVING NOTESynergetics Usa Inc • December 3rd, 2008 • Electromedical & electrotherapeutic apparatus
FOR VALUE RECEIVED, the undersigned, SYNERGETICS, INC., a Missouri corporation, and SYNERGETICS USA, INC., a Delaware corporation (individually, a “Borrower” and together, the “Borrowers”), hereby jointly and severally promise to pay on the Termination Date to the order of Regions Bank (the “Lender”), at its main office in St. Louis, Missouri, or at any other place designated at any time by the holder hereof, in lawful money of the United States of America and in immediately available funds, the principal sum of Nine Million Five Hundred Thousand and 00/100 ($9,500,000.00) or, if less, the aggregate unpaid principal amount of all Advances and Swing Line Loans made by the Lender to the Borrowers under the Credit Agreement (defined below), together with interest on the principal amount hereunder remaining unpaid from time to time, computed on the basis of the actual number of days elapsed and a 360-day year, from the date hereof until this Note is fully paid at the rate from time to time
