Employment AgreementIndemnification Agreement • November 27th, 2012 • Nbty Inc • Pharmaceutical preparations • New York
This Employment Agreement (this “Agreement”), dated as of August 14, 2012, is made by and among Alphabet Holding Company, Inc., a Delaware corporation (“Parent”), Parent’s wholly-owned subsidiary, NBTY, Inc., a Delaware corporation (together with any successor thereto, the “Company”), and Bernard O’Keefe (“Executive”) (collectively referred to herein as the “Parties”).
THIRD SUPPLEMENTAL INDENTUREThird Supplemental Indenture • November 27th, 2012 • Nbty Inc • Pharmaceutical preparations • New York
THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”), dated as of August 14, 2012, among NBTY, Inc., a Delaware corporation (the “Company”), NBTY Manufacturing South, LLC, a Delaware limited liability company and a subsidiary of the Company (“Manufacturing South”), Natural Products Group, LLC, a New York limited liability company and a subsidiary of the Company (“Natural Products”), NBTY Manufacturing New Jersey, Inc., a Delaware corporation and a subsidiary of the Company (“Manufacturing New Jersey”), and NBTY Manufacturing New York, Inc., a Delaware corporation and a subsidiary of the Company (“Manufacturing New York” and, together with Manufacturing South, Natural Products and Manufacturing New Jersey, the “Guaranteeing Subsidiaries”), and The Bank of New York Mellon, as trustee under the Indenture referred to below (the “Trustee”).
SECOND AMENDMENT AGREEMENTSecond Amendment Agreement • November 27th, 2012 • Nbty Inc • Pharmaceutical preparations • New York
This SECOND AMENDMENT AGREEMENT (this “Amendment”), dated as of October 11, 2012, which amends that certain Credit Agreement, dated as of October 1, 2010, among the Borrower, Holdings, the Administrative Agent (each as defined below), the Lenders from time to time party thereto, and the other agents party thereto (as amended by that certain First Amendment and Refinancing Agreement, dated as of March 1, 2011, and as otherwise amended, supplemented, amended and restated or otherwise modified from time to time prior to the date hereof, the “Credit Agreement”), is made by and among NBTY, INC., a Delaware corporation (the “Borrower”), ALPHABET HOLDING COMPANY, INC., a Delaware corporation (“Holdings”), each of the undersigned banks and other financial institutions party hereto as Lenders, and BARCLAYS BANK PLC, as administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to them in the Credi
