THIRD AMENDED AND RESTATED SUBORDINATED NOTE AND SECURITY AGREEMENTSubordinated Note and Security Agreement • May 10th, 2011 • Opko Health, Inc. • Surgical & medical instruments & apparatus • Florida
FOR VALUE RECEIVED, OPKO Health, Inc., a Delaware corporation with offices at 4400 Biscayne Blvd., Miami, Florida 33137 (“Borrower”), pursuant to this Third Amended and Restated Subordinated Note and Security Agreement (this “Third Amended and Restated Note”), hereby promises to pay to The Frost Group, LLC, a Florida limited liability company (“Lender”) at such place as Lender may designate from time to time in writing, in lawful money of the United States of America, the principal amount of $12,000,000, or such lesser amount as shall equal the outstanding principal balance of the loan (the “Loan”) made to Borrower by Lender pursuant to the Credit Agreement, dated as of March 27, 2007, as amended by that certain Amendment No. 1 to Credit Agreement dated November 6, 2008, and Amendment No. 2 to Credit Agreement dated the date hereof, by and among Borrower, Lender and OPKO Pharmaceuticals, LLC (formerly known as Acuity Pharmaceuticals, LLC) (the “Amended Credit Agreement”), and to pay al
