LANNETT COMPANY, INC. AND WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of September 27, 2019 4.50% Convertible Senior Notes due 2026Indenture • September 27th, 2019 • Lannett Co Inc • Pharmaceutical preparations • New York
INDENTURE dated as of September 27, 2019 between Lannett Company, Inc., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01), and Wilmington Trust, National Association, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
To: Lannett Company, Inc. Philadelphia, PA 19136 Attention: John Kozlowski, Chief Financial Officer Telephone No.: (215) 333-9000 Re: [Base][Additional] Call Option TransactionCall Option Transaction • September 27th, 2019 • Lannett Co Inc • Pharmaceutical preparations • New York
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [ ](“Dealer”), represented by [ ] (“Agent”) as its agent, and Lannett Company, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
