AMENDED AND RESTATED CREDIT AGREEMENT Dated as of December 28, 2009 among BECKMAN COULTER, INC. as Borrower THE INITIAL LENDERS NAMED HEREIN as Initial Lenders BANK OF AMERICA, N.A. as Sole Administrative Agent, Swing Line Lender and L/C Issuer...Credit Agreement • February 23rd, 2011 • Beckman Coulter Inc • Laboratory analytical instruments • New York
Among BECKMAN COULTER, INC., a Delaware corporation (the “Borrower”), the banks, financial institutions and other institutional lenders (the “Initial Lenders”) listed on the signature pages hereof, BANK OF AMERICA, N.A. (“Bank of America”), as sole administrative agent (the “Agent”) for the Lenders and L/C Issuer (each as hereinafter defined), JPMORGAN CHASE BANK, N.A., as sole syndication agent, CITIBANK, N.A., as documentation agent, and BANC OF AMERICA SECURITIES LLC, J.P. MORGAN SECURITIES INC. and CITIGROUP GLOBAL MARKETS INC., as joint lead arrangers and joint bookrunners (each an “Arranger” and together the “Arrangers”):
AMENDMENT NO. 4 TO RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • February 23rd, 2011 • Beckman Coulter Inc • Laboratory analytical instruments
THIS AMENDMENT NO. 4 TO RECEIVABLES PURCHASE AGREEMENT (this “Amendment”), dated as of July 22, 2009, is by and among BECKMAN COULTER FINANCE COMPANY LLC, a Delaware limited liability company (the “Seller”), BECKMAN COULTER, INC., a Delaware corporation (the “Servicer”), the financial institutions party hereto (the “Financial Institutions”), PARK AVENUE RECEIVABLES COMPANY, LLC (“PARCO”, and together with the Financial Institutions, the “Purchasers”), and JPMORGAN CHASE BANK, N.A., as administrative agent for the Purchasers (in such capacity, the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meaning given to such terms in the Purchase Agreement defined below.
