TO KEEP SUCH INFORMATION CONFIDENTIAL), (F)
WHICH HAS BECOME GENERALLY AVAILABLE TO THE PUBLIC, OTHER THAN AS A RESULT OF A
DISCLOSURE BY SUCH PERSON OR AGENT OF SUCH PERSON OR A DISCLOSURE KNOWN TO SUCH
PERSON OR AGENT OF SUCH PERSON TO HAVE BEEN MADE BY ANY PERSON OR ENTITY TO
WHICH SUCH PERSON OR AGENT HAS DELIVERED SUCH CONFIDENTIAL INFORMATION, (G)
WHICH BECOMES AVAILABLE TO SUCH PERSON FROM A SOURCE OTHER THAN THE BORROWER OR
ANY SUBSIDIARY (PROVIDED THAT SUCH SOURCE IS NOT KNOWN TO SUCH PERSON TO BE
BOUND BY A DUTY OF CONFIDENTIALITY TO THE BORROWER OR ANY SUBSIDIARY), (H)
SUBJECT TO AN AGREEMENT CONTAINING PROVISIONS SUBSTANTIALLY THE SAME AS THOSE OF
THIS SUBSECTION 11.15, TO ANY ACTUAL OR PROSPECTIVE COUNTERPARTY (OR ITS
ADVISORS) TO ANY SWAP OR DERIVATIVE TRANSACTION RELATING TO THE BORROWER AND ITS
OBLIGATIONS OR (I) TO ANY PARTICIPANT OR ASSIGNEE OR POTENTIAL PARTICIPANT OR
ASSIGNEE (EACH, A "TRANSFEREE") OR ANY PLEDGEE (OR PROSPECTIVE PLEDGEE) (EACH, A
"PLEDGEE") OF ANY LENDER THAT IS A PERSON (OTHER THAN A NATURAL PERSON) THAT IS
ENGAGED IN MAKING, PURCHASING, HOLDING OR INVESTING IN BANK LOANS AND SIMILAR
EXTENSIONS OF CREDIT IN THE ORDINARY COURSE OF ITS BUSINESS; PROVIDED THAT SUCH
TRANSFEREE OR PLEDGEE AGREES IN WRITING TO COMPLY WITH THE PROVISIONS OF THIS
SUBSECTION 11.15.
11.16.
DESIGNATION OF SENIOR INDEBTEDNESS.
THE INDEBTEDNESS OF THE
BORROWER UNDER THIS AGREEMENT SHALL CONSTITUTE "DESIGNATED SENIOR INDEBTEDNESS"
PURSUANT TO, FOR ALL PURPOSES OF, AND UNDER AND AS DEFINED IN, THE EXISTING
NOTES INDENTURE.
11.17.
USA PATRIOT ACT.
EACH LENDER HEREBY NOTIFIES THE BORROWER THAT
PURSUANT TO THE REQUIREMENTS OF THE USA PATRIOT ACT (TITLE III OF PUB. L. 107-56
(SIGNED INTO LAW OCTOBER 26, 2001)) (THE "PATRIOT ACT"), IT IS REQUIRED TO
OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES THE BORROWER, WHICH
INFORMATION INCLUDES THE NAME AND ADDRESS OF THE BORROWER AND OTHER INFORMATION
THAT WILL ALLOW SUCH LENDER TO IDENTIFY THE BORROWER IN ACCORDANCE WITH THE
PATRIOT ACT.
83
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and delivered by their proper and duly authorized officers as of the
day and year first above written.
NBTY, INC.
By:
Name:
Title:
S-1
JPMORGAN CHASE BANK, N.A.
as Administrative Agent and Collateral Agent
and as a Lender, and as Swing Line Lender, and
as Issuing Lender
By:
Name:
Title:
S-2
BANK OF AMERICA, N.A.,
as Co-Syndication Agent and as a Lender
By:
Name:
Title:
S-3
BNP PARIBAS,
as Co-Syndication Agent and as a Lender
By:
Name:
Title:
S-4
CITIBANK, N.A.,
as Co-Syndication Agent and as a Lender
By:
Name:
Title:
S-5
HSBC BANK USA, NATIONAL ASSOCIATION,
as Co-Syndication Agent and as a Lender
By:
Name:
Title:
S-6
Accepted and Agreed:
[LENDER]
By:
Name:
Title:
S-7