SUPPLEMENTAL INDENTURESupplemental Indenture • August 9th, 2004 • Apogent Technologies Inc • Laboratory apparatus & furniture • New York
Contract Type FiledAugust 9th, 2004 Company Industry JurisdictionThis Supplemental Indenture, dated as of August 2, 2004 (this “Supplemental Indenture”), is made by and among Fisher Scientific International Inc., a Delaware corporation (“Fisher”), Apogent Technologies Inc., a Wisconsin corporation (the “Company”), and The Bank of New York, a New York banking corporation, as trustee (the “Trustee”) under the Indenture referred to below.
SUPPLEMENTAL INDENTURESupplemental Indenture • August 9th, 2004 • Apogent Technologies Inc • Laboratory apparatus & furniture • New York
Contract Type FiledAugust 9th, 2004 Company Industry JurisdictionSUPPLEMENTAL INDENTURE, dated as of July 27, 2004 (this “Third Supplemental Indenture”), by and between Apogent Technologies Inc., a Wisconsin corporation (the “Company”), having its principal office at 30 Penhallow Street, Portsmouth, New Hampshire 03801 and The Bank of New York, a New York banking corporation, as Trustee (the “Trustee”) to the Indenture (as defined below), having its principal corporate trust office at 101 Barclay Street, Floor 8 West, New York, New York 10286.
INDENTURE Among APOGENT TECHNOLOGIES INC., FISHER SCIENTIFIC INTERNATIONAL INC., and THE BANK OF NEW YORK, as Trustee FLOATING RATE CONVERTIBLE SENIOR DEBENTURES DUE 2033 Dated as of August 3, 2004Indenture • August 9th, 2004 • Apogent Technologies Inc • Laboratory apparatus & furniture • New York
Contract Type FiledAugust 9th, 2004 Company Industry JurisdictionINDENTURE, dated as of August 3, 2004, among Apogent Technologies Inc., a Wisconsin corporation, having its principal office at One Liberty Lane, Hampton, New Hampshire 03842 (the “Company”), Fisher Scientific International Inc., a Delaware corporation, having its principal office at One Liberty Lane, Hampton, New Hampshire 03842 (“Fisher”) and The Bank of New York, a New York banking corporation, as Trustee (the “Trustee”), having its principal corporate trust office at 101 Barclay Street, Floor 8 West, New York, New York 10286.
GUARANTYGuaranty • August 9th, 2004 • Apogent Technologies Inc • Laboratory apparatus & furniture • New York
Contract Type FiledAugust 9th, 2004 Company Industry JurisdictionThis GUARANTY is entered into as of August 2, 2004 by FISHER SCIENTIFIC INTERNATIONAL INC., a Delaware corporation (the “Borrower”), the UNDERSIGNED SUBSIDIARIES (the Borrower and each such Subsidiary being a “Guarantor” and together with the any future Subsidiaries executing this Guaranty, being collectively referred to herein as the “Guarantors”) in favor of and for the benefit of BANK OF AMERICA, N.A., as agent for and representative of (in such capacity herein called the “Guarantied Party”), the financial institutions (the “Lenders”) party to the Credit Agreement (as hereinafter defined; the terms defined therein and not otherwise defined herein being used herein as therein defined), any Swap Counterparties (as hereinafter defined) and in favor of and for the benefit of the other Beneficiaries (as hereinafter defined).
PLEDGE AGREEMENTPledge Agreement • August 9th, 2004 • Apogent Technologies Inc • Laboratory apparatus & furniture • New York
Contract Type FiledAugust 9th, 2004 Company Industry JurisdictionThis PLEDGE AGREEMENT (this “Agreement”) is entered into as of August 2, 2004 by and among FISHER SCIENTIFIC INTERNATIONAL INC., a Delaware corporation (the “Borrower”), each of THE UNDERSIGNED SUBSIDIARIES of the Borrower (each of such undersigned Subsidiaries being a “Subsidiary Pledgor” and collectively the “Subsidiary Pledgors,”) and each Additional Pledgor that may become a party hereto after the date hereof in accordance with Section 15 hereof (each of the Borrower, Subsidiary Pledgors and each Additional Pledgor being a “Pledgor” and collectively the “Pledgors”), J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION, as Senior Note Trustee (as hereinafter defined) and BANK OF AMERICA, N.A. as agent for and representative of (in such capacity herein called the “Secured Party”) the financial institutions (the “Lenders”) party to the Credit Agreement (as hereinafter defined; the terms defined therein and not otherwise defined herein being used herein as therein defined), the Senior Note