THIRD AMENDMENT AND SECOND REFINANCING AGREEMENTCredit Agreement • March 21st, 2013 • Nbty Inc • Pharmaceutical preparations • New York
Contract Type FiledMarch 21st, 2013 Company Industry JurisdictionThis THIRD AMENDMENT AND SECOND REFINANCING AGREEMENT (this “Refinancing Amendment”), dated as of March 21, 2013, 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 pursuant to the First Amendment and Refinancing Agreement date as of March 1, 2011 and the Second Amendment date as of October 11, 2012, 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 (in such capacity, the “Refinancing Lenders”), BARCLAYS BANK PLC, as Lead Arranger and Bookrunner (the “Arranger”), and BA