The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Transaction entered into between J.P. Morgan Securities Inc., as agent for JPMorgan Chase Bank, National Association, London Branch (the...Letter Agreement • November 13th, 2007 • Nu Skin Enterprises Inc • Wholesale-drugs, proprietaries & druggists' sundries • New York
This Confirmation evidences a complete and binding agreement between the Seller and the Purchaser as to the terms of the Transaction to which this Confirmation relates. This Confirmation shall supplement, form a part of, and be subject to an agreement in the form of the 2002 ISDA Master Agreement (the “Agreement”) as if the Seller and the Purchaser had executed an agreement in such form (but without any Schedule except for the election of the laws of the State of New York as the governing law) on the Trade Date. In the event of any inconsistency between provisions of that Agreement and this Confirmation, this Confirmation will prevail for the purpose of the Transaction to which this Confirmation relates. The parties hereby agree that no Transaction other than the Transaction to which this Confirmation relates shall be governed by the Agreement.
SEVENTH AMENDMENTNu Skin Enterprises Inc • November 13th, 2007 • Wholesale-drugs, proprietaries & druggists' sundries
THIS SEVENTH AMENDMENT dated as of November 7, 2007 (this “Amendment”) amends the Credit Agreement dated as of May 10, 2001 (as previously amended, the “Credit Agreement”) among Nu Skin Enterprises, Inc. (the “Company”), various financial institutions (the “Lenders”) and JPMorgan Chase Bank, N.A. (as successor to Bank One, NA), as successor administrative agent (in such capacity, the “Administrative Agent”). Terms defined in the Credit Agreement are, unless otherwise defined herein or the context otherwise requires, used herein as defined therein.
SIXTH AMENDMENT TO NOTE PURCHASE AGREEMENTNote Purchase Agreement • November 13th, 2007 • Nu Skin Enterprises Inc • Wholesale-drugs, proprietaries & druggists' sundries • New York
THIS SIXTH AMENDMENT, dated as of November 7, 2007 (this “Sixth Amendment”), to the Note Purchase Agreement, dated as of October 12, 2000 (as amended to date, the “Note Agreement”), is between Nu Skin Enterprises, Inc., a Delaware corporation (the “Company”), and The Prudential Insurance Company of America (“Prudential”).
Re: Limited Release of Certain Liens and Guarantor in connection with Credit AgreementNu Skin Enterprises Inc • November 13th, 2007 • Wholesale-drugs, proprietaries & druggists' sundries • New York
Reference is made to (a) the Credit Agreement dated as of May 10, 2001 (as amended or otherwise modified from time to time, the “Credit Agreement”) among Nu Skin Enterprises, Inc. (the “Company”), various financial institutions (the “Lenders”) and JPMorgan Chase Bank, N.A. (as successor to Bank One, NA), as successor administrative agent (in such capacity, the “Administrative Agent”), and (b) the Subsidiary Guaranty dated as of May 10, 2001 (as amended or otherwise modified from time to time, the “Guaranty”) executed by the Subsidiary Guarantors in favor of the Lenders and certain affiliates thereof. Capitalized terms not defined herein shall have the meanings given to such terms in the Credit Agreement.
Re: Limited Release of Certain Liens and Guarantor in connection with Private Shelf Agreement dated as of August 26, 2003Nu Skin Enterprises Inc • November 13th, 2007 • Wholesale-drugs, proprietaries & druggists' sundries • New York
Reference is made to (a) the Private Shelf Agreement, dated as of August 26, 2003 (as amended or otherwise modified from time to time, the “Shelf Agreement”), by and between Nu Skin Enterprises, Inc., a Delaware corporation (the “Company”) and each Issuer Subsidiary which becomes party thereto, on the one hand, and Prudential Investment Management, Inc. (“Prudential”) and each Prudential Affiliate which becomes party thereto, on the other hand, and (b) the Subsidiary Guaranty, dated as of August 26, 2003 (as amended or otherwise modified from time to time, the “Guaranty”), executed by the Subsidiary Guarantors in favor of the holders from time to time of the Notes issued under the Shelf Agreement (the “Noteholders”). Capitalized terms not defined herein shall have the meanings given to such terms in the Shelf Agreement.
SIXTH AMENDMENT TO PRIVATE SHELF AGREEMENTPrivate Shelf Agreement • November 13th, 2007 • Nu Skin Enterprises Inc • Wholesale-drugs, proprietaries & druggists' sundries • New York
THIS SIXTH AMENDMENT, dated as of November 7, 2007 (this “Sixth Amendment”), to the Multi-Currency Private Shelf Agreement, dated as of August 26, 2003 (as amended to date, the “Private Shelf Facility”), is between Nu Skin Enterprises, Inc., a Delaware corporation (the “Company”), on the one hand, and Prudential Investment Management, Inc. and the holders of the Series A Senior Notes, Series B Senior Notes, Series C Senior Notes, Series D Senior Notes, Series E Senior Notes and Series F Senior Notes issued under the Private Shelf Facility that are signatories hereto (collectively “Prudential”), on the other hand.
Re: Limited Release of Certain Liens and Guarantor in connection with Note Purchase Agreement dated as of October 12, 2000Nu Skin Enterprises Inc • November 13th, 2007 • Wholesale-drugs, proprietaries & druggists' sundries • New York
Reference is made to (a) the Note Purchase Agreement, dated as of October 12, 2000 (as amended or otherwise modified from time to time, the “Note Agreement”), by and between Nu Skin Enterprises, Inc., a Delaware corporation (the “Company”) and The Prudential Insurance Company of America (“Prudential”), and (b) the Subsidiary Guaranty, dated as of October 12, 2000 (as amended or otherwise modified from time to time, the “Guaranty”), executed by the Subsidiary Guarantors in favor of the holders from time to time of the Notes issued under the Note Agreement (the “Noteholders”). Capitalized terms not defined herein shall have the meanings given to such terms in the Note Agreement.
