FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 8th, 2017 • Apollo Endosurgery, Inc. • Biological products, (no disgnostic substances) • New York
Contract Type FiledMarch 8th, 2017 Company Industry JurisdictionTHIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Agreement”) dated as of March 7, 2017 (the “Fifth Amendment Effective Date”) is entered into among APOLLO ENDOSURGERY US, INC., a Delaware corporation (the “Borrower”), the Guarantors party hereto, the Lenders party hereto and ATHYRIUM OPPORTUNITIES II ACQUISITION LP, as Administrative Agent (the “Administrative Agent”). All capitalized terms used herein and not otherwise defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).