EX-10.3 4 tm2321988d2_ex10-3.htm EXHIBIT 10.3


Exhibit 10.3


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 between Mallinckrodt plc (the “Parent”), Mallinckrodt International Finance S.A. and Mallinckrodt CB LLC (together, the “Borrowers”), Acquiom Agency Services LLC and Seaport Loan Products LLC, as co-administrative agents (in such capacities, together with their successors and permitted assigns in such capacities, together, the “Administrative Agent”) and certain holders of indebtedness of the Company (the “Forbearing Lenders”). 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.


Each of the parties hereto hereby agrees that, effective as of the first date on which the Administrative Agent shall have received from the Parent, the Borrowers and Forbearing Lenders constituting Required Lenders (as defined in the Credit Agreement) duly executed counterparts of this Amendment, the definition of “Forbearance Period” set forth in the fourth 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.


  Very truly yours,
  By: /s/ Bryan Reasons
  Name: Bryan Reasons
  Title: Chief Financial Officer
  By: /s/ Matthew T. Peters
  Name: Matthew T. Peters
  Title: Director
  By: /s/ Daniel J. Speciale
  Name: Daniel J. Speciale
  Title: Director
  By: /s/ Jason Goodson
  Name: Jason Goodson
  Title: Director





  ACQUIOM AGENCY SERVICES LLC, as Co-Administrative Agent
  By: /s/ Beth Cesari
    Name: Beth Cesari
    Title: Senior Director
  SEAPORT LOAN PRODUCTS LLC, as Co-Administrative Agent
  By: /s/ Jonathan Silverman
    Name: Jonathan Silverman
  Title: General Counsel





IN WITNESS WHEREOF, each Forbearing Lender party hereto has caused this Agreement to be duly executed and delivered by its respective proper and duly authorized officer(s) as of the day and year first above written as set forth on Exhibit A.