American Renal Associates Holdings, Inc. Sample Contracts

American Renal Associates Holdings, Inc. – American Renal Associates Holdings, Inc. Announces Third Quarter 2018 Results (November 8th, 2018)

BEVERLY, MA (November 8, 2018) - American Renal Associates Holdings, Inc. (NYSE: ARA) (the “Company”), a leading provider of outpatient dialysis services, today announced financial and operating results for the third quarter ended September 30, 2018.

American Renal Associates Holdings, Inc. – EMPLOYMENT AGREEMENT (August 7th, 2018)

This EMPLOYMENT AGREEMENT (this "Agreement") is entered into as of August 1, 2018 (the “Effective Date”), among American Renal Management LLC, a Delaware limited liability company (the "Company"), and Jason Boucher, a resident of the Commonwealth of Massachusetts (the "Executive").

American Renal Associates Holdings, Inc. – VICE PRESIDENTS, REGIONAL DIRECTORS, DIRECTORS & OFFICERS NON-SOLICITATION, NON-COMPETITION AND CONFIDENTIALITY AGREEMENT (August 7th, 2018)

This VICE PRESIDENTS, REGIONAL DIRECTORS, DIRECTORS & OFFICERS NON-SOLICIATION, NON-COMPETITION AND CONFIDENTIALITY AGREEMENT (the "Agreement") is entered into as of the 5th day of March 2018, and made effective as of August 1, 2018 (the “Effective Date”), by and between American Renal Associates LLC, a Delaware limited liability company, American Renal Holdings, Inc. (“ARH”), American Renal Management LLC (the “Company”), and their affiliated subsidiaries, parents, and related or joint venture entities (collectively "ARA"), and the employee executing this Agreement ("Employee").

American Renal Associates Holdings, Inc. – American Renal Associates Holdings, Inc. Announces Second Quarter 2018 Results (August 7th, 2018)

BEVERLY, MA (August 7, 2018) - American Renal Associates Holdings, Inc. (NYSE: ARA) (the “Company”), a leading provider of outpatient dialysis services, today announced financial and operating results for the second quarter ended June 30, 2018.

American Renal Associates Holdings, Inc. – American Renal Associates and UnitedHealthcare Reach Settlement ARA to Enter into Multi-Year National In-Network Agreement with UnitedHealthcare (July 9th, 2018)

Beverly, MA and Minneapolis (July 9, 2018) - American Renal Associates Holdings, Inc. (NYSE: ARA) and UnitedHealthcare, a UnitedHealth Group company (NYSE: UNH,) today announced that they have executed a binding Settlement Term Sheet (the “Agreement”) and will be negotiating terms of a definitive settlement by August 1, 2018. Under the terms of the Agreement, ARA will pay $32 million and will follow certain procedures and share information with UnitedHealthcare. In conjunction with the Agreement, ARA and UnitedHealthcare will enter into a three-year network agreement, effective August 1, 2018, that will provide UnitedHealthcare plan participants with more cost effective, in-network access to all of ARA’s dialysis clinics in 26 states and the District of Columbia. The network agreement will include UnitedHealthcare’s health benefit products across the commercial, Medicare Advantage and Medicaid managed care markets, and will allow chronically-ill end-stage renal disease (ESRD) patients

American Renal Associates Holdings, Inc. – AMERICAN RENAL ASSOCIATES HOLDINGS, INC. ANNOUNCES FOURTH QUARTER 2017 RESULTS (March 6th, 2018)

BEVERLY, MA (March 6, 2018) - American Renal Associates Holdings, Inc. (NYSE: ARA) (“ARA” or the “Company”), a leading provider of outpatient dialysis services, today announced financial and operating results for the quarter and year ended December 31, 2017.

American Renal Associates Holdings, Inc. – VICE PRESIDENTS, REGIONAL DIRECTORS, DIRECTORS & OFFICERS NON-SOLICITATION, NON-COMPETITION AND CONFIDENTIALITY AGREEMENT (March 6th, 2018)

This VICE PRESIDENTS, REGIONAL DIRECTORS, DIRECTORS & OFFICERS NON-SOLICIATION, NON-COMPETITION AND CONFIDENTIALITY AGREEMENT (the "Agreement") is entered into as of the 6th day of March 2018, and made effective as of June 19, 2017 (the “Effective Date”), by and between American Renal Associates LLC, a Delaware limited liability company, American Renal Holdings, Inc. (“ARH”), American Renal Management LLC (the “Company”), and their affiliated subsidiaries, parents, and related or joint venture entities (collectively "ARA"), and the employee executing this Agreement ("Employee").

American Renal Associates Holdings, Inc. – FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (December 15th, 2017)

This FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “First Amendment”) is entered into effective as of December 13, 2017 (the “First Amendment Effective Date”) by and among American Renal Management LLC, a Delaware limited liability company (the “Company”), and Jon Wilcox, a resident of the Commonwealth of Massachusetts (“Executive”).

American Renal Associates Holdings, Inc. – THIRD AMENDMENT TO EMPLOYMENT AGREEMENT (November 14th, 2017)

This THIRD AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is entered into effective as of November 14, 2017 by and among American Renal Management LLC, a Delaware limited liability company (the “Company”), American Renal Holdings Inc., a Delaware corporation (“ARH”), and Joseph A. Carlucci, a resident of the Commonwealth of Massachusetts (“Executive”).

American Renal Associates Holdings, Inc. – EMPLOYMENT AGREEMENT (November 14th, 2017)

This EMPLOYMENT AGREEMENT (this "Agreement") is entered into as of September 18, 2017, among American Renal Management LLC, a Delaware limited liability company (the "Company"), American Renal Holdings Inc., a Delaware corporation (“ARH”), and Don E. Williamson, M.D., a resident of the State of Georgia (the "Executive").

American Renal Associates Holdings, Inc. – SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (November 14th, 2017)

This SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is entered into effective as of November 14, 2017 by and among American Renal Management LLC, a Delaware limited liability company (the “Company”), American Renal Holdings Inc., a Delaware corporation (“ARH”), and Syed T. Kamal, a resident of the State of Florida (“Executive”).

American Renal Associates Holdings, Inc. – AMERICAN RENAL ASSOCIATES HOLDINGS, INC. ANNOUNCES THIRD QUARTER 2017 RESULTS (November 14th, 2017)

BEVERLY, MA (November 14, 2017) - American Renal Associates Holdings, Inc. (NYSE: ARA) (“ARA” or the “Company”), a leading provider of outpatient dialysis services, today announced financial and operating results for the third quarter ended September 30, 2017.

American Renal Associates Holdings, Inc. – CREDIT AGREEMENT Dated as of June 22, 2017 among AMERICAN RENAL HOLDINGS INC., as the Borrower, AMERICAN RENAL HOLDINGS INTERMEDIATE COMPANY, LLC, as Holdings, SUNTRUST BANK, as Administrative Agent, Swing Line Lender and L/C Issuer, and The Other Lenders Party Hereto _________________ SUNTRUST ROBINSON HUMPHREY, INC. MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED WELLS FARGO SECURITIES, LLC BARCLAYS BANK PLC and JPMORGAN CHASE BANK, N.A., as Joint Lead Arrangers and Book Managers MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED and WELLS FARGO SECURITIES, LLC, as Co-Syndication Agents B (August 8th, 2017)

This CREDIT AGREEMENT (as amended, modified, waived, amended and restated, or otherwise changed, in each case in accordance with the terms hereof, this “Agreement”) is entered into as of June 22, 2017, among AMERICAN RENAL HOLDINGS INC. (the “Borrower”), AMERICAN RENAL HOLDINGS INTERMEDIATE COMPANY, LLC, a Delaware limited liability company (“Holdings”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and SUNTRUST BANK, as Administrative Agent, Swing Line Lender and L/C Issuer.

American Renal Associates Holdings, Inc. – EMPLOYMENT AGREEMENT (August 8th, 2017)

This EMPLOYMENT AGREEMENT (this "Agreement") is entered into as of June 19, 2017, among American Renal Management LLC, a Delaware limited liability company (the "Company"), and Jon Wilcox, a resident of the Commonwealth of Massachusetts (the "Executive").

American Renal Associates Holdings, Inc. – AMERICAN RENAL ASSOCIATES HOLDINGS, INC. ANNOUNCES SECOND QUARTER 2017 RESULTS (August 8th, 2017)

BEVERLY, MA (August 8, 2017) - American Renal Associates Holdings, Inc. (NYSE: ARA) (“ARA” or the “Company”), a leading provider of outpatient dialysis services, today announced financial and operating results for the second quarter ended June 30, 2017.

American Renal Associates Holdings, Inc. – RESTRICTED STOCK UNIT GRANT NOTICE UNDER THE AMERICAN RENAL ASSOCIATES HOLDINGS, INC. 2016 OMNIBUS INCENTIVE PLAN (May 9th, 2017)

American Renal Associates Holdings, Inc., a Delaware corporation (the “Company”), pursuant to its 2016 Omnibus Incentive Plan (the “Plan”), hereby grants to the Participant set forth below the number of Restricted Stock Units set forth below. The Restricted Stock Units are subject to all of the terms and conditions as set forth herein, in the Restricted Stock Unit Agreement (attached hereto or previously provided to the Participant in connection with a prior grant), and in the Plan, all of which are incorporated herein in their entirety. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Plan.

American Renal Associates Holdings, Inc. – OPTION GRANT NOTICE UNDER THE AMERICAN RENAL ASSOCIATES HOLDINGS, INC. 2016 OMNIBUS INCENTIVE PLAN (May 9th, 2017)

American Renal Associates Holdings, Inc., a Delaware corporation (the “Company”), pursuant to its 2016 Omnibus Incentive Plan (the “Plan”), hereby grants to the Participant set forth below the number of Options (each Option representing the right to purchase one share of Common Stock) set forth below, at an Exercise Price per share as set forth below. The Options are subject to all of the terms and conditions as set forth herein, in the Option Agreement (attached hereto or previously provided to the Participant in connection with a prior grant), and in the Plan, all of which are incorporated herein in their entirety. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Plan.

American Renal Associates Holdings, Inc. – RESTRICTED STOCK GRANT NOTICE UNDER THE AMERICAN RENAL ASSOCIATES HOLDINGS, INC. 2016 OMNIBUS INCENTIVE PLAN (May 9th, 2017)

American Renal Associates Holdings, Inc., a Delaware corporation (the “Company”), pursuant to its 2016 Omnibus Incentive Plan (the “Plan”), hereby grants to the Participant set forth below the number of shares of Restricted Stock set forth below. The shares of Restricted Stock are subject to all of the terms and conditions as set forth herein, in the Restricted Stock Agreement (attached hereto or previously provided to the Participant in connection with a prior grant), and in the Plan, all of which are incorporated herein in their entirety. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Plan.

American Renal Associates Holdings, Inc. – AMERICAN RENAL ASSOCIATES HOLDINGS, INC. ANNOUNCES FIRST QUARTER 2017 RESULTS (May 9th, 2017)

BEVERLY, MA (May 9, 2017) - American Renal Associates Holdings, Inc. (NYSE: ARA) (“ARA” or the “Company”), a leading provider of outpatient dialysis services, today announced financial and operating results for the first quarter ended March 31, 2017.

American Renal Associates Holdings, Inc. – RESTRICTED STOCK GRANT NOTICE UNDER THE AMERICAN RENAL ASSOCIATES HOLDINGS, INC. 2016 OMNIBUS INCENTIVE PLAN (May 9th, 2017)

American Renal Associates Holdings, Inc., a Delaware corporation (the “Company”), pursuant to its 2016 Omnibus Incentive Plan (the “Plan”), hereby grants to the Participant set forth below the number of shares of Restricted Stock set forth below. The shares of Restricted Stock are subject to all of the terms and conditions as set forth herein, in the Restricted Stock Agreement (attached hereto or previously provided to the Participant in connection with a prior grant), and in the Plan, all of which are incorporated herein in their entirety. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Plan.

American Renal Associates Holdings, Inc. – AMERICAN RENAL ASSOCIATES HOLDINGS, INC. ANNOUNCES FOURTH QUARTER 2016 RESULTS (March 7th, 2017)

BEVERLY, MA (March 7, 2017) - American Renal Associates Holdings, Inc. (NYSE: ARA) (“ARA” or the “Company”), a leading provider of outpatient dialysis services, today announced financial and operating results for the quarter and year ended December 31, 2016.

American Renal Associates Holdings, Inc. – SEVERANCE AGREEMENT (December 23rd, 2016)

This Severance Agreement (the “Agreement”) is made this ____day of  December, 2016 by and among John McDonough (“McDonough”), American Renal Management LLC, American Renal Holdings Inc., American Renal Associates, LLC, and their operating companies, affiliates, subsidiaries, representatives, shareholders, directors, successors, and assigns (collectively referred to as the “Company”).

American Renal Associates Holdings, Inc. – AMERICAN RENAL ASSOCIATES HOLDINGS, INC. ANNOUNCES THIRD QUARTER 2016 RESULTS (November 10th, 2016)

BEVERLY, MA (November 10, 2016) - American Renal Associates Holdings, Inc. (NYSE: ARA) (“ARA” or the “Company”), a leading provider of outpatient dialysis services, today announced financial and operating results for the third quarter ended September 30, 2016, together with certain other developments described below.

American Renal Associates Holdings, Inc. – AMERICAN RENAL ASSOCIATES HOLDINGS, INC. ANNOUNCES SECOND QUARTER 2016 RESULTS (August 9th, 2016)

BEVERLY, MA (August 9, 2016) - American Renal Associates Holdings, Inc. (NYSE: ARA) (ARA or the “Company”), a leading provider of outpatient dialysis services, today announced financial and operating results for the second quarter ended June 30, 2016.

American Renal Associates Holdings, Inc. – First Amendment to Employment Agreement (May 16th, 2016)

This First Amendment to Employment Agreement (this “Amendment”) is entered into effective as of April 26, 2016 (the “Effective Date”) by and among American Renal Management LLC, a Delaware limited liability company (the “Company”), American Renal Holdings Inc., a Delaware corporation (“ARH”), and Syed T. Kamal, a resident of the State of Florida (“Executive”).

American Renal Associates Holdings, Inc. – Second Amendment to Employment Agreement (May 16th, 2016)

This Second Amendment to Employment Agreement (this “Amendment”) is entered into effective as of April 26, 2016 (the “Effective Date”) by and among American Renal Management LLC, a Delaware limited liability company (the “Company”), American Renal Holdings Inc., a Delaware corporation (“ARH”), and Joseph A. Carlucci, a resident of the Commonwealth of Massachusetts (“Executive”).

American Renal Associates Holdings, Inc. – Second Amendment to Employment Agreement (May 16th, 2016)

This Second Amendment to Employment Agreement (this “Amendment”) is entered into effective as of April 26, 2016 (the “Effective Date”) by and among American Renal Management LLC, a Delaware limited liability company (the “Company”), American Renal Holdings Inc., a Delaware corporation (“ARH”), and John M. McDonough, a resident of the Commonwealth of Massachusetts (“Executive”).

American Renal Associates Holdings, Inc. – LOAN SERVICING AGREEMENT Between AMERICAN RENAL ASSOCIATES LLC, a Delaware limited liability company, as Servicer, TERM LOAN HOLDINGS LLC, a Delaware limited liability company, as Lender Dated as of April 26, 2016 (April 26th, 2016)

THIS LOAN SERVICING AGREEMENT (this “Agreement”) is made as of April 26, 2016, among AMERICAN RENAL ASSOCIATES LLC, a Delaware limited liability company (“Servicer”) and TERM LOAN HOLDINGS LLC, a Delaware limited liability company (the “Lender”).

American Renal Associates Holdings, Inc. – TAX RECEIVABLE AGREEMENT between AMERICAN RENAL ASSOCIATES HOLDINGS, INC. and CENTERBRIDGE CAPITAL PARTNERS, L.P. Dated as of April 26, 2016 (April 26th, 2016)

This TAX RECEIVABLE AGREEMENT (this “Agreement”), is dated as of April 26, 2016, and is between American Renal Associates Holdings, Inc., a Delaware corporation (including any successor corporation, the “Corporate Taxpayer”), and Centerbridge Capital Partners, L.P., a Delaware limited partnership (the “Stockholder Representative”). This Agreement shall be effective as of the IPO Date (as defined below).

American Renal Associates Holdings, Inc. – NOTICE OF OPTION AMENDMENTS (April 26th, 2016)

As you may know, on April 26, 2016, American Renal Associates Holdings, Inc. (“we” or the “Company”) consummated its initial public offering (“IPO”) of shares of common stock, par value $0.01 per share, of the Company (“Common Stock”).  We are delighted to inform you that the board of directors (the “Board”) of the Company has approved certain favorable modifications to the vesting and other terms relating to the outstanding options granted to you pursuant to the 2010 American Renal Associates Holdings, Inc. Stock Incentive Plan (the “Plan”), which were effective upon and subject to the consummation of the IPO.  Capitalized terms not defined herein shall have the meanings given to such terms in the Plan, the 2010 Option Agreement, the 2013 Exchange Agreement and the 2014 Option Agreement (each as defined below, collectively the “Option Agreements”), as applicable.

American Renal Associates Holdings, Inc. – CONTRIBUTION, ASSIGNMENT AND ASSUMPTION AGREEMENT (April 26th, 2016)

This CONTRIBUTION, ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Agreement”), dated as of April 20, 2016, is by and between American Renal Associates LLC, a Delaware limited liability company (“Assignor”), and Term Loan Holdings LLC, a Delaware limited liability company (“NewCo”).

American Renal Associates Holdings, Inc. – AMENDMENT NO. 1 TO THE AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (April 26th, 2016)

THIS AMENDMENT NO. 1 TO THE AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of 26, 2016, in entered into by and among American Renal Associates Holdings, Inc. (f/k/a C.P. Atlas Holdings, Inc.), a Delaware corporation (“Holdings”), Centerbridge Capital Partners, L.P., a Delaware limited partnership (“Centerbridge”), Centerbridge Capital Partners SBS, L.P., a Delaware limited partnership (“Centerbridge SBS”), and Centerbridge Capital Partners Strategic, L.P., a Delaware limited partnership (“Centerbridge Strategic” and, collectively with Centerbridge and Centerbridge SBS, the “Centerbridge Stockholders”).

American Renal Associates Holdings, Inc. – AMENDMENT NO. 1 (April 26th, 2016)

This FIRST LIEN CREDIT AGREEMENT (as amended, modified, waived, amended and restated, or otherwise changed, in each case in accordance with the terms hereof, this “Agreement”) is entered into as of February 20, 2013, and amended as of April 26, 2016, among AMERICAN RENAL HOLDINGS INC. (the “Borrower”), AMERICAN RENAL HOLDINGS INTERMEDIATE COMPANY, LLC, a Delaware limited liability company (“Holdings”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.

American Renal Associates Holdings, Inc. – AMERICAN RENAL ASSOCIATES HOLDINGS, INC. 2016 OMNIBUS INCENTIVE PLAN (April 26th, 2016)
American Renal Associates Holdings, Inc. – AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF AMERICAN RENAL ASSOCIATES HOLDINGS, INC. (April 26th, 2016)

The current name of the corporation is American Renal Associates Holdings, Inc. (the “Corporation”).  The Corporation was incorporated under the name “C.P. Atlas Holdings, Inc.” by the filing of its original Certificate of Incorporation with the Secretary of State of the State of Delaware on March 18, 2010.  This Amended and Restated Certificate of Incorporation of the Corporation, which restates and integrates and also further amends the provisions of the Corporation’s Certificate of Incorporation, as amended and restated, was duly adopted in accordance with the provisions of Sections 242 and 245 of the General Corporation Law of the State of Delaware and by the written consent of its stockholders in accordance with Section 228 of the General Corporation Law of the State of Delaware.  The Certificate of Incorporation of the Corporation, as amended and restated, is hereby amended, integrated and restated to read in its entirety as follows: