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Execution Version

COMMITMENT INCREASE AGREEMENT

 

 

September 25, 2025

 

JPMorgan Chase Bank, N.A., as Administrative Agent

4041 Ogletown Stanton Road, Floor 2

Newark, DE 19713

Attention: Loan & Agency Services Group

Tel: (302) 634-3377

Email: thomas.trullinger@chase.com

 

Ladies and Gentlemen:

 

We refer to the Senior Secured Revolving Credit Agreement dated as of December 20, 2024 (as amended, modified or supplemented from time to time, the “Credit Agreement”; the terms defined therein being used herein as therein defined) among MSD Investment Corp. (the “Borrower”), the Lenders party thereto and JPMorgan Chase Bank, N.A., as Administrative Agent for said Lenders. You have advised us that the Borrower has requested in a letter dated September 25, 2025 (the “Increase Request”) from the Borrower to the Administrative Agent that the aggregate amount of the Commitments be increased on the terms and subject to the conditions set forth herein.

 

A. Commitment Increase. Pursuant to Section 2.07(e) of the Credit Agreement, BNP Paribas (the “Assuming Lender”), hereby agrees to make the Multicurrency Commitments in the amount set forth opposite the name of the Assuming Lender listed in Schedule I hereto, such Multicurrency Commitments to be effective as of the Increase Date (as defined in the Increase Request); provided, that the Administrative Agent shall have received a duly executed officer’s certificate from the Borrower which shall be dated the as of Increase Date and in substantially the form of Exhibit I hereto.

 

B. Confirmation of the Assuming Lender. The Assuming Lender (i) confirms that it has received a copy of the Credit Agreement and the other Loan Documents, together with copies of the financial statements referred to therein and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Agreement, (ii) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender or Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Credit Agreement, and (iii) acknowledges and agrees that, from and after the Increase Date, the making of the associated Multicurrency Commitments shall be governed for all purposes by the Credit Agreement and the other Loan Documents.

 

C. Counterparts. This Commitment Increase Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. The words “execution,” “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Commitment Increase Agreement and the transactions contemplated hereby shall be deemed to include electronic signatures (including, for the avoidance of doubt, electronic signatures utilizing the DocuSign platform) or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system,

 

 


as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.

 

D. Consent of Administrative Agent, Issuing Banks and Swingline Lenders. The Administrative Agent and each of the undersigned Issuing Banks and Swingline Lenders consent to the Commitment Increase and the execution of this Commitment Increase Agreement by the Assuming Lender.

 

E. Governing Law. This Commitment Increase Agreement shall be construed in accordance with and governed by the law of the State of New York. Sections 9.09 and 9.10 of the Credit Agreement are incorporated herein by reference mutatis mutandis.

 

F. Miscellaneous. This Commitment Increase Agreement shall be deemed a “Loan Document” as such term is defined in Section 1.01 of the Credit Agreement.

 

 

 


 

Very truly yours,

 

ASSUMING LENDER

 

BNP PARIBAS

 

 

By:_/s/ Dimitri Jobert_______________

Name: Dimitri Jobert

Title: Managing Director

 

 

By:__/s/ Sebastian Hebenstreit________

Name: Sebastian Hebenstreit

Title: Director

 

 

 

 


Accepted and agreed:

 

MSD INVESTMENT CORP.,

as Borrower

 

 

By:___/s/Marcello Liguori________________________

Name: Marcello Liguori

Title: Authorized Signatory

 

 

 

Acknowledged and agreed:

 

JPMORGAN CHASE BANK, N.A.,

as Administrative Agent, Issuing Bank

and Swingline Lender

 

 

By:___/s/Matthew Griffith__________________

Name: Matthew Griffith

Title: Managing Director

 

 

CITIZENS BANK, N.A.,

as Issuing Bank and Swingline Lender

 

 

By:___/s/Bryan Rizzardi________________________

Name: Bryan Rizzardi

Title: Director

 

 

GOLDMAN SACHS BANK USA,

as Issuing Bank and Swingline Lender

 

 

By:__/s/Priyankush Goswami_________________________

Name: Priyankush Goswami

Title: Authorized Signatory

 

 

HSBC BANK USA, N.A.,

as Issuing Bank and Swingline Lender

 

 

By:_/s/George Covo__________________________

Name: George Covo

Title: Director

 

 

 


 

SUMITOMO MITSUI BANKING

CORPORATION,

as Swingline Lender

 

 

By:____/s/Shane Klein_______________________

Name: Shane Klein

Title: Managing Director

 

 


 

SCHEDULE I

 

Assuming Lender

Commitment Increase

BNP Paribas

$75,000,000 (Multicurrency)