LOAN AGREEMENTLoan Agreement • August 7th, 2007 • Emergent BioSolutions Inc. • Pharmaceutical preparations • New York
THIS LOAN AGREEMENT (this “Agreement”) is dated as of June 29, 2007, by and among EMERGENT BIODEFENSE OPERATIONS LANSING INC., formerly known as BioPort Corporation, a Michigan corporation, which maintains its chief executive office at 3500 N. Martin Luther King, Jr. Blvd., Building One, Third Floor, Lansing, Michigan 48906 (the “Borrower”), and EMERGENT BIOSOLUTIONS INC., a Delaware corporation (the “Guarantor”) and HSBC REALTY CREDIT CORPORATION (USA), a Delaware corporation (the “Bank”).
REVOLVING CREDIT NOTERevolving Credit Note • August 7th, 2007 • Emergent BioSolutions Inc. • Pharmaceutical preparations
FOR VALUE RECEIVED, the undersigned EMERGENT BIODEFENSE OPERATIONS LANSING INC., a Michigan corporation, of Lansing, Michigan (“Borrower”), promises to pay to the order of FIFTH THIRD BANK, a Michigan banking corporation, (“Lender”), at its office in Grand Rapids, Michigan, or at any other place that the holder of this Note designates in writing, the sum of Fifteen Million Dollars ($15,000,000) or any lesser amount that Lender shall have loaned to Borrower under Section 3 of a certain Loan Agreement dated June 8, 2007, between Borrower and Lender (“Loan Agreement”), together with interest (computed on the basis of a three hundred sixty (360) day year for the actual number of days elapsed) on the unpaid balance at an annual rate equal to the Index Rate minus 3/8% (37.5 basis points) until maturity and after maturity at an annual rate equal to the Index Rate plus 2% (200 basis points). Any change in the interest rate on this Note that is occasioned by a change in the Index Rate shall be
FILLING SERVICES AGREEMENTFilling Services Agreement • August 7th, 2007 • Emergent BioSolutions Inc. • Pharmaceutical preparations
This Amendment No. 5 to the Filling Services Agreement dated March 18, 2002 is made and entered into this 14th day of May, 2007, by and between Emergent BioDefense Operations Lansing, Inc. ("Emergent BioDefense") (formerly BioPort Corporation), a Michigan corporation having its principal place of business at 3500 North Martin Luther King Jr. Blvd., Lansing, Michigan 48906, and Hollister-Stier Laboratories LLC (Hollister-Stier), a Delaware limited liability corporation having its principal place of business at 3525 North Regal Street, Spokane, Washington 99207.
LOAN AGREEMENTLoan Agreement • August 7th, 2007 • Emergent BioSolutions Inc. • Pharmaceutical preparations • Michigan
THIS LOAN AGREEMENT is made as of June 8, 2007 by and between EMERGENT BIODEFENSE OPERATIONS LANSING INC. (formerly Bioport Corporation), a Michigan corporation, of Lansing, Michigan (“Borrower”), and FIFTH THIRD BANK, a Michigan banking corporation, of Grand Rapids, Michigan (“Lender”).
