0001104659-14-067523 Sample Contracts

50,000,000 INCREMENTAL TERM LOAN FACILITY
Incremental Assumption Agreement • September 22nd, 2014 • Auxilium Pharmaceuticals Inc • Pharmaceutical preparations • New York

THIS INCREMENTAL ASSUMPTION AGREEMENT (this “Agreement”), dated as of September 22, 2014, is made by and among AUXILIUM PHARMACEUTICALS, INC. (the “Borrower”), the subsidiaries of the Borrower listed on the signature pages hereto (the “Guarantors”; together with the Borrower, the “Loan Parties”), each of the undersigned banks and other financial institutions party hereto as lenders (in such capacity, the “Incremental Term Loan Lenders”) and MORGAN STANLEY SENIOR FUNDING, INC., as administrative agent (in such capacity, the “Administrative Agent”) for the Lenders under, and as defined in, the Credit Agreement (as defined below).

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