SEPARATION AND SETTLEMENT AGREEMENTSeparation and Settlement Agreement • March 1st, 2021 • LivaNova PLC • Electromedical & electrotherapeutic apparatus
The Company has employed the Executive as Chief Financial Officer since May, 20 2017 under the terms of a Service Agreement dated 27, April 2017 as varied by the parties prior to the date of this Agreement (the “Service Agreement”). In accordance with the Service Agreement both parties are required to give 12 months notice to terminate the Executive's employment. The Executive and the Company desire to plan for the Executive’s separation from the Company.
ContractIntercreditor Agreement • March 1st, 2021 • LivaNova PLC • Electromedical & electrotherapeutic apparatus • New York
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIEN AND SECURITY INTEREST GRANTED TO THE ADMINISTRATIVE AGENT PURSUANT TO THIS AGREEMENT AND THE EXERCISE OF ANY RIGHT OR REMEDY BY THE ADMINISTRATIVE AGENT HEREUNDER ARE SUBJECT TO THE PROVISIONS OF THE INTERCREDITOR AGREEMENT, DATED AS OF DECEMBER 30, 2020 (AS AMENDED, RESTATED, AMENDED AND RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME, THE “INTERCREDITOR AGREEMENT”), AMONG ACF FINCO I LP, AS ABL AGENT AND ARES CAPITAL CORPORATION AS TERM AGENT, AND CERTAIN OTHER PERSONS PARTY OR THAT MAY BECOME PARTY THERETO FROM TIME TO TIME, AND ACKNOWLEDGED BY CERTAIN LOAN PARTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE INTERCREDITOR AGREEMENT AND THIS AGREEMENT, THE TERMS OF THE INTERCREDITOR AGREEMENT SHALL GOVERN AND CONTROL.
AMENDMENT no. 2 to CREDIT AGREEMENTCredit Agreement • March 1st, 2021 • LivaNova PLC • Electromedical & electrotherapeutic apparatus • New York
THIS AMENDMENT NO. 2 TO CREDIT AGREEMENT (this “Agreement”) is entered into as of February 24, 2021 by and among LIVANOVA USA INC., a Delaware corporation (the “Borrower”), LIVANOVA PLC, a company incorporated under the laws of England and Wales (“Holdings”), the Lenders party hereto and ARES CAPITAL CORPORATION, a Maryland Corporation, as administrative agent (in such capacity, the “Administrative Agent”).
