AMENDED AND RESTATED ASSET PURCHASE AGREEMENT by and between ELANCO US, INC., and PETIQ, LLC, and, for purposes of Section 9.16 only, PETIQ, INC. Dated as of June 21, 2020Asset Purchase Agreement • August 10th, 2020 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
This AMENDED AND RESTATED ASSET PURCHASE AGREEMENT (this “Agreement”) is made and executed as of June 19, 2020, by and between Elanco US, Inc., an Delaware corporation (“Seller”), and PetIQ, LLC, a Idaho limited liability company (“Buyer”) and solely for purposes of Section 9.16, PetIQ, Inc., a Delaware corporation (the “Buyer Guarantor”). Seller and Buyer are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 10th, 2020 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
THIS FIFTH AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”), dated as of July 9, 2020, is entered into by and among PETIQ, LLC, an Idaho limited liability company (“PetIQ”), the other Credit Parties signatory hereto (collectively with PetIQ, the “Borrowers”), the LENDERS signatory hereto, and EAST WEST BANK, a California banking corporation, as Administrative Agent for the Lenders (in such capacity, “Administrative Agent”), with reference to the following facts:
THIRD AMENDMENT TO TERM LOAN CREDIT AGREEMENTTerm Loan Credit Agreement • August 10th, 2020 • PetIQ, Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York
This THIRD AMENDMENT TO TERM LOAN CREDIT AGREEMENT (this “Amendment”) is dated as of July 9, 2020 and is entered into by and among PETIQ, LLC, an Idaho limited liability company (the “Borrower”), the Guarantors party hereto, ARES CAPITAL CORPORATION and each other Lender party hereto (consisting of the Required Lenders) and ARES CAPITAL CORPORATION, as the administrative agent (in such capacity, the “Administrative Agent”). Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Existing Credit Agreement (as defined below) after giving effect to this Amendment.
