CONSENT AND AMENDMENT AGREEMENTConsent and Amendment Agreement • November 6th, 2006 • Cyberonics Inc • Electromedical & electrotherapeutic apparatus • New York
THIS CONSENT AND AMENDMENT AGREEMENT is made and entered into effective as of October 31, 2006 (this “Consent”) by and among CYBERONICS, INC. (the “Borrower”), MERRILL LYNCH CAPITAL, a division of Merrill Lynch Business Financial Services Inc., individually as a Lender, as Administrative Agent, Sole Bookrunner and Sole Lead Arranger (the “Administrative Agent”) and the Lenders now or from time to time party to the Credit Agreement referenced below (the “Lenders”). All capitalized terms used but not defined herein shall have the meanings given to such terms in the Credit Agreement (as defined below).
