FIFTH SUPPLEMENTAL INDENTUREFifth Supplemental Indenture • November 9th, 2005 • Inverness Medical Innovations Inc • In vitro & in vivo diagnostic substances • New York
THIS FIFTH SUPPLEMENTAL INDENTURE, dated as of September 30, 2005 (this “Fifth Supplemental Indenture”), to the Indenture (as defined below), among Inverness Medical Innovations, Inc., a Delaware corporation (the “Issuer”), the Guarantors (as defined in the Indenture), Thermo BioStar Inc., a Delaware corporation (the “Additional Guarantor”) and U.S. Bank Trust National Association, as Trustee (the “Trustee”).
SECOND AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 9th, 2005 • Inverness Medical Innovations Inc • In vitro & in vivo diagnostic substances • New York
SECOND AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of November 8, 2005 (this “Amendment”), to the Third Amended and Restated Credit Agreement, dated as of June 30, 2005 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), by and among General Electric Capital Corporation, as Agent (in such capacity, “Agent”), Inverness Medical Innovations, Inc. (“Innovations”), Wampole Laboratories, LLC and Inverness Medical (UK) Holdings Limited, as borrowers (“Borrowers”), the other Credit Parties signatory thereto, Merrill Lynch Capital, a division of Merrill Lynch Business Financial Services Inc., as documentation agent, co-syndication agent and lender, UBS Securities LLC, as co-syndication agent, and the lenders signatory thereto from time to time (collectively, the “Lenders”).
