FORBEARANCE AGREEMENT AND FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENTForbearance Agreement and Fifth Amendment to Loan and Security Agreement • November 12th, 2004 • Drugmax Inc • Wholesale-drugs, proprietaries & druggists' sundries • New York
Contract Type FiledNovember 12th, 2004 Company Industry JurisdictionTHIS FORBEARANCE AGREEMENT AND FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT (this “Agreement”), dated as of October 22, 2004, is by and among DrugMax, Inc., a Nevada corporation (“DrugMax” and, together with its Subsidiaries, Valley Drug Company, an Ohio corporation, Valley Drug Company South, a Louisiana corporation, and Discount Rx, Inc., a Louisiana corporation, individually each, a “Borrower” and collectively, “Borrowers”), Jugal K. Taneja, an individual residing in Florida (“Guarantor”), and Congress Financial Corporation (Florida), a Florida corporation (“Lender”).