Amendment to Forbearance Agreement, dated as of August 15, 2023, by and among ST US AR Finance LLC, Barclays Bank plc, as administrative agent and collateral agent, and the Lenders comprising the Required Lenders signatory thereto; Acknowledgment and Release, dated as of July 16, 2023, among MEH, Inc., Ino Therapeutics LLC, Mallinckrodt ARD LLC, Mallinckrodt APAP LLC, SpecGX LLC and Therakos, Inc
Exhibit 10.4
Execution Copy
Amendment to Forbearance Agreement
As of August 15, 2023
Ladies and Gentlemen:
Reference is made to that certain Forbearance Agreement, dated as of July 16, 2023 (as amended, supplemented or otherwise modified prior to the date hereof, the “Forbearance Agreement”), by and among ST US AR FINANCE LLC, a Delaware limited liability company (the “Borrower”), BARCLAYS BANK PLC, as administrative agent and collateral agent (together with its successors and permitted assigns in such capacities, the “Agent”) and the Lenders comprising the Required Lenders signatory thereto. Except as otherwise specified herein, each capitalized term used in this amendment (this “Amendment”) and not otherwise defined herein shall have the meaning ascribed to such term in the Forbearance Agreement or the Credit Agreement (as defined in the Forbearance Agreement).
Each of the parties hereto hereby agrees that, effective as of the first date on which the Agent shall have received from the Borrower and the Lenders party hereto duly executed counterparts of this Amendment, the definition of “Forbearance Period” set forth in the tenth recital to the Forbearance Agreement is hereby amended by replacing “August 15, 2023” with “August 22, 2023”.
Except as specifically provided for in this Amendment, the Forbearance Agreement shall remain unmodified and in full force and effect.
[Signature page follows]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered by their respective proper and duly authorized officers as of the day and year first above written.
| ST US AR FINANCE LLC, as the Borrower | |||
| By: | /s/ Matthew T. Peters | ||
| Name: | Matthew T. Peters | ||
| Title: | Vice President of Tax and Treasurer | ||
[Signature Page to AMENDMENT TO FORBEARANCE AGREEMENT]
| BARCLAYS BANK PLC, as the Agent and a Lender | |||
| By: | /s/ Gideon Lapson | ||
| Name: | Gideon Lapson | ||
| Title: | Managing Director | ||
[Signature Page to AMENDMENT TO FORBEARANCE AGREEMENT]
| DEUTSCHE BANK AG NEW YORK BRANCH, as Lender | |||
| By: | /s/ Philip Tancorra | ||
| Name: | Philip Tancorra | ||
| Title: | Director | ||
| By: | /s/ Lauren Danbury | ||
| Name: | Lauren Danbury | ||
| Title: | Vice President | ||
[Signature Page to AMENDMENT TO FORBEARANCE AGREEMENT]
| MORGAN STANLEY BANK, N.A., as Lender | |||
| By: | /s/ Kevin Newman | ||
| Name: | Kevin Newman | ||
| Title: | Authorized Signatory | ||
[Signature Page to AMENDMENT TO FORBEARANCE AGREEMENT]
| MUFG BANK, LTD. as Lender | |||
| By: | /s/ Giorgio Marchione | ||
| Name: | Giorgio Marchione | ||
| Title: | Vice President | ||
[Signature Page to AMENDMENT TO FORBEARANCE AGREEMENT]
