ANI PHARMACEUTICALS, INC. AND THE BANK OF NEW YORK MELLON, as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of December 10, 2014 3.00% Convertible Senior Notes due 2019First Supplemental Indenture • December 10th, 2014 • Ani Pharmaceuticals Inc • Pharmaceutical preparations
FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”) dated as of December 10, 2014 between ANI PHARMACEUTICALS, INC., a Delaware corporation, as issuer (the “Company”) and THE BANK OF NEW YORK MELLON, a New York banking corporation, as trustee (the “Trustee”).
Nomura Global Financial Products Inc. c/o Nomura Securities International, Inc. Worldwide Plaza 309 West 49th Street 5th Floor New York, NY 10019 December 5, 2014Warrant Agreement • December 10th, 2014 • Ani Pharmaceuticals Inc • Pharmaceutical preparations • New York
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Warrants issued by ANI Pharmaceuticals, Inc. (“Company”) to Nomura Global Financial Products Inc. (“Nomura”) 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. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
Nomura Global Financial Products Inc. c/o Nomura Securities International, Inc. Worldwide Plaza 309 West 49th Street 5th Floor New York, NY 10019 December 5, 2014Call Option Transaction • December 10th, 2014 • Ani Pharmaceuticals 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 Nomura Global Financial Products Inc. (“Nomura”) and ANI Pharmaceuticals, 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. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
