AMENDED AND RESTATED CREDIT AGREEMENT Dated as of September 26, 2003 among THE FINANCIAL INSTITUTIONS NAMED HEREIN, as the Lenders, BANK OF AMERICA, NATIONAL ASSOCIATION, as the Agent, ENCORE MEDICAL CORPORATION and ITS SUBSIDIARIES PARTY HERETO, as...Credit Agreement • October 27th, 2003 • Encore Medical Corp • Orthopedic, prosthetic & surgical appliances & supplies • Texas
This Amended and Restated Credit Agreement, dated as of September 26, 2003 (“Agreement”), among the financial institutions from time to time parties hereto (such financial institutions, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), Bank of America, National Association, with an office at 901 Main Street, 67th Floor, Dallas, Texas 75202, as administrative agent for the Lenders (in its capacity as administrative agent, the “Agent”), and Encore Medical Corporation, a Delaware corporation, and each of its Subsidiaries party hereto.
FIRST AMENDED AND RESTATED NOTE AND EQUITY PURCHASE AGREEMENT by and between ENCORE MEDICAL CORPORATION, ITS SUBSIDIARIES LISTED ON THE SIGNATURE PAGES HERETO, and CAPITALSOURCE FINANCE LLC, AS AGENT AND PURCHASER September 26, 2003Note and Equity Purchase Agreement • October 27th, 2003 • Encore Medical Corp • Orthopedic, prosthetic & surgical appliances & supplies • Maryland
THIS FIRST AMENDED AND RESTATED NOTE AND EQUITY PURCHASE AGREEMENT (this “Agreement”), dated as of September 26, 2003 is by and between ENCORE MEDICAL CORPORATION (the “Parent”), the subsidiaries of Parent listed on the signature pages attached hereto (together with the Parent, collectively, the “Loan Parties”), and CAPITALSOURCE FINANCE LLC, a Delaware limited liability company (“CapitalSource”), as Agent and Purchaser (each as defined herein). Capitalized terms used and not defined elsewhere in this Agreement are defined in Article 1.
