EXHIBIT 10.40 REPLACEMENT SWINGLINE NOTEReplacement Swingline Note • August 14th, 2000 • Sterile Recoveries Inc • Services-personal services
This Swingline Note is the Swingline Note referred to in, and is entitled to the benefits of, the Credit Agreement of dated as of February 24, 1999 (as amended, modified or otherwise supplemented from time to time, and including by reference therein the Sweep Plus Arrangement or comparable agreement in effect from time to time, the "Credit Agreement"), by and between the Borrower, the Guarantors party thereto, the Lender and the other financial institutions party thereto and First Union National Bank as Agent and the other Credit Documents referenced therein. This Swingline Note is given in amendment to, restatement of and substitution for the Swingline Note dated February 24, 1999 in favor of the Lender under the Credit Agreement (the "REPLACED NOTE") and evidences the same indebtedness as the Replaced Note. The Credit Agreement contains, among other things, provisions for the time, place and manner of payment of this Swingline Note, the determination of the interest rate borne by and
