CREDIT AGREEMENT by and among ANGIOTECH PHARMACEUTICALS, INC. as a Debtor and Debtor-in-Possession as Parent and a DIP Guarantor, THE SUBSIDIARIES OF PARENT LISTED AS BORROWERS ON THE SIGNATURE PAGES HERETO each as a Debtor and a Debtor-in-Possession...Credit Agreement • February 10th, 2011 • Angiotech Pharmaceuticals Inc • Surgical & medical instruments & apparatus
THIS CREDIT AGREEMENT (this “Agreement”), is entered into as of February 7, 2011, by and among the lenders identified on the signature pages hereof (such lenders, together with their respective successors and permitted assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), ANGIOTECH PHARMACEUTICALS, INC., a corporation organized under the laws of the Province of British Columbia, Canada, as a debtor and a debtor-in-possession (“Parent”), each of Parent’s Subsidiaries listed as a “Debtor-in-Possession Borrower” on the signature pages hereto, each as a debtor and a debtor-in-possession (each a “Borrower” and collectively, “Borrowers”), and each of Parent’s Subsidiaries listed as a “Debtor-in-Possession Guarantor” on the signa
FIFTH AGREEMENT TO AMEND THE RECAPITALIZATION SUPPORT AGREEMENTFifth Agreement • February 10th, 2011 • Angiotech Pharmaceuticals Inc • Surgical & medical instruments & apparatus • Ontario
WHEREAS, (a) Angiotech Pharmaceuticals, Inc. (“Angiotech”), (b) the entities listed in Schedule A (together with Angiotech, the “Companies” and each a “Company”), and (c) each of the other Consenting Noteholders party hereto, each Consenting Noteholder being a holder of and/or investment advisor or manager with investment discretion over Subordinated Notes, executed a Recapitalization Support Agreement dated as of October 29, 2010 concerning the principal aspects of a Recapitalization of the Companies (as amended by the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment, the “Support Agreement”);
FIFTH AGREEMENT TO AMEND THE FLOATING RATE NOTE SUPPORT AGREEMENTFifth Agreement • February 10th, 2011 • Angiotech Pharmaceuticals Inc • Surgical & medical instruments & apparatus • Ontario
WHEREAS, (a) Angiotech Pharmaceuticals, Inc. (“Angiotech”), (b) the entities listed in Schedule A (together with Angiotech, the “Companies” and each a “Company”), and (c) each of the other Consenting Noteholders party hereto, each Consenting Noteholder being a holder of and/or investment advisor or manager with investment discretion over Floating Rate Notes, executed a Floating Rate Note Support Agreement dated as of October 29, 2010 concerning the principal aspects of an Exchange of Floating Rate Notes (as amended by the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment, the “Support Agreement”);
