REGISTRATION RIGHTS AGREEMENT by and among Radiation Therapy Services, Inc. Guarantors Listed on Schedule I hereto and Wells Fargo Securities, LLC Morgan Stanley & Co. LLC SunTrust Robinson Humphrey, Inc. Dated as of May 10, 2012Registration Rights Agreement • May 14th, 2012 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of May 10, 2012, by and among Radiation Therapy Services, Inc., a Florida corporation (the “Company”), the guarantors named in Schedule I hereto (collectively, the “Guarantors”), and Wells Fargo Securities, LLC, Morgan Stanley & Co. LLC and SunTrust Robinson Humphrey, Inc. as representatives (the “Representatives) of the several Initial Purchasers (collectively, the “Initial Purchasers”) named in Schedule I to the Purchase Agreement (as defined below), each of whom has agreed to purchase the Company’s 87/8% Senior Secured Second Lien Notes due 2017 (the “Initial Notes”) fully and unconditionally guaranteed by the Guarantors (the “Guarantees”) pursuant to the Purchase Agreement. The Initial Notes and the Guarantees attached thereto are herein collectively referred to as the “Initial Securities.”
21st CENTURY ONCOLOGY, INC. AND WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee 11.00% Senior Notes due 2023Indenture • May 4th, 2015 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • New York
WHEREAS, the Issuer has duly authorized the execution and delivery of this Indenture to provide for the issuance of (i) its 11.00% Senior Notes due 2023 issued on the date hereof (the “Initial Notes”) and (ii) any additional Notes (“Additional Notes” and, together with the Initial Notes, the “Notes”) that may be issued after the Issue Date.
13,333,333 Shares 21st CENTURY ONCOLOGY HOLDINGS, INC. COMMON STOCK, PAR VALUE $0.0001 UNDERWRITING AGREEMENTUnderwriting Agreement • May 7th, 2014 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • New York
NONQUALIFIED STOCK OPTION AGREEMENT PURSUANT TO THE 21st CENTURY ONCOLOGY HOLDINGS, INC. 2014 OMNIBUS INCENTIVE PLANNonqualified Stock Option Agreement • May 7th, 2014 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • Delaware
THIS NON-QUALIFIED STOCK OPTION AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between 21st Century Oncology Holdings, Inc., a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the 21st Century Oncology Holdings, Inc. 2014 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
LEASELease • November 24th, 2010 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • Florida
THIS LEASE (“Lease”) is made and entered into as of the 18th day of January, 2005, by and between, FORT WALTON BEACH RADIATION ENTERPRISES, LLC, (“Landlord”), and 21ST CENTURY ONCOLOGY, INC., a Florida corporation, (“Tenant”).
OPERATING AGREEMENT OF MARYLAND RADIATION THERAPY MANAGEMENT SERVICES, LLCOperating Agreement • November 24th, 2010 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • Maryland
OPERATING AGREEMENT, dated as of December 17, 2008, by Radiation Therapy Services, Inc. as the sole member (the “Member”) of MARYLAND RADIATION THERAPY MANAGEMENT SERVICES, LLC (the “Company”). Unless otherwise indicated, capitalized words and phrases in this Operating Agreement (the “Agreement”) shall have the meanings set forth in the Glossary of Terms attached hereto as Exhibit A.
CREDIT AGREEMENT among 21ST CENTURY ONCOLOGY HOLDINGS, INC., 21ST CENTURY ONCOLOGY, INC., as Borrower, The Several Lenders from Time to Time Parties Hereto, and MORGAN STANLEY SENIOR FUNDING, INC., as Administrative Agent Dated as of April 30, 2015...Credit Agreement • May 4th, 2015 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • New York
CREDIT AGREEMENT, dated as of April 30, 2015 (as amended, waived, modified or amended and restated, this “Agreement”), among 21st Century Oncology Holdings, Inc., a Delaware corporation, 21st Century Oncology, Inc., a Florida corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”) and Morgan Stanley Senior Funding, Inc., as administrative agent.
ContractCollateral Agreement • November 24th, 2010 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine
SUPPLEMENT NO. 3 dated as of June 24, 2010 to the Guaranty and Collateral Agreement (the “Collateral Agreement”) dated as of February 21, 2008, among RADIATION THERAPY SERVICES HOLDINGS, INC., a Delaware corporation (“Parent”), RADIATION THERAPY SERVICES, INC., a Florida corporation (“Borrower”),, each subsidiary of Borrower listed on Schedule I thereto (each such subsidiary individually a “Subsidiary Guarantor” and collectively, the “Subsidiary Guarantors”); the Subsidiary Guarantors and Borrower are referred to collectively herein as the “Grantors”) and WELLS FARGO BANK, N.A. (as successor to WACHOVIA BANK, NATIONAL ASSOCIATION), (“Wells”), as Collateral Agent (in such capacity, the “Collateral Agent”).
EIGHTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT Effective as of September 9, 2016Limited Liability Company Agreement • September 9th, 2016 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • Delaware
This EIGHTH AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT of 21st Century Oncology Investments, LLC (f/k/a Radiation Therapy Investments LLC), a Delaware limited liability company (the “Company”), dated and effective as of September 9, 2016 (this “Agreement”), is approved and adopted by the Board of Managers of the Company on the date hereof with consent of the Majority Preferred Stockholders in accordance with Section 9.5 of the Prior Agreement (as defined below). Any reference in this Agreement to Vestar or any other Member shall include such Member’s Successors in Interest, to the extent such Successors in Interest have become Substituted Members in accordance with the provisions of this Agreement.
AMENDED AND RESTATED SECURITYHOLDERS AGREEMENT DATED AS OF MARCH 25, 2008 BY AND AMONG RADIATION THERAPY INVESTMENTS, LLC AND THE OTHER PARTIES HERETOSecurityholders Agreement • November 24th, 2010 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • Delaware
This Amended and Restated Securityholders Agreement (this “Agreement”) is entered into as of March 25, 2008 by and among (i) Radiation Therapy Investments, LLC, a Delaware limited liability company (the “Company”), (ii) Vestar Capital Partners V, L.P., a Cayman Islands exempted limited partnership (“Vestar V”), Vestar Capital Partners V-A, L.P., a Cayman Islands exempted limited partnership (“Vestar V-A”), Vestar Executive V, L.P., a Cayman Islands exempted limited partnership, Vestar Holdings V, L.P., a Cayman Islands exempted limited partnership, Vestar/Radiation Therapy Investments, LLC, a Delaware limited liability company (“Vestar/RTI”), and any investment fund affiliated with Vestar Capital Partners V, L.P. that at any time acquires Securities and executes a counterpart of this Agreement or otherwise agrees to be bound by this Agreement (collectively, “Vestar”), (iii) parties to this Agreement who are identified as Employees on the signature page hereto (each, an “Employee” and,
CREDIT AGREEMENT Dated as of May 10, 2012 among RADIATION THERAPY SERVICES HOLDINGS, INC., RADIATION THERAPY SERVICES, INC., as Borrower, The Several Lenders from Time to Time Parties Hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as...Credit Agreement • May 14th, 2012 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • New York
CREDIT AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Agreement”) dated as of May 10, 2012, among Radiation Therapy Services Holdings, Inc., a Delaware corporation (together with its successors, “Parent”), Radiation Therapy Services, Inc., a Florida corporation (together with its successors, the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”) and Wells Fargo Bank, National Association (“Wells Fargo”), as administrative agent, collateral agent, issuing bank and swingline lender.
] Shares 21st CENTURY ONCOLOGY HOLDINGS, INC. SERIES A MANDATORY CONVERTIBLE JUNIOR NON-VOTING PREFERRED STOCK, PAR VALUE $0.0001 UNDERWRITING AGREEMENTUnderwriting Agreement • May 7th, 2014 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • New York
FIRST AMENDMENT TO LEASETo Lease • November 24th, 2010 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • Florida
This FIRST AMENDMENT TO LEASE dated December 31, 2009 (this “Amendment”), is by and between THERIAC ENTERPRISES OF LITTLESTOWN, LLC (“Landlord”), and 21ST CENTURY ONCOLOGY OF PENNSYLVANIA, INC. (“Tenant”).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • September 9th, 2016 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • Florida
THIS EXECUTIVE EMPLOYMENT AGREEMENT (“Agreement”), dated as of September 8, 2016, is by and among 21st Century Oncology Holdings, Inc., a Delaware corporation (the “Company”) and WILLIAM R. SPALDING (the “Executive”).
FACILITY AND MANAGEMENT SERVICES AGREEMENTFacility and Management Services Agreement • August 23rd, 2016 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • Washington
THIS FACILITY AND MANAGEMENT SERVICES AGREEMENT (the “Agreement”), dated as of January 2, 2015, is by and between Northwest Cancer Care Management Company, LLC a Washington limited liability company (“Manager”), and Northwest Cancer Care Associates, P.C. a Washington professional corporation (“Medical Group”). Manager and Medical Group are each individually referred to in this Agreement as a “Party” and, collectively, as the “Parties.”
AMENDMENT TO BUSINESS OPERATIONS AND SUPPORT SERVICES AGREEMENTBusiness Operations and Support Services Agreement • November 24th, 2010 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • Michigan
THIS AMENDMENT TO BUSINESS OPERATIONS AND SUPPORT SERVICES AGREEMENT (“Amendment”) dated as of November 15, 2006 by and between Phoenix Management Company, LLC, a Michigan limited liability company (“Practice Manager”) and American Oncologic Associates of Michigan, P.C. a Michigan professional services corporation (“Medical Practice”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • February 5th, 2015 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • Delaware
This Indemnification Agreement (this “Agreement”) is made as of September 26, 2014 by and between 21st Century Oncology Holdings, Inc., a Delaware corporation (the “Corporation”), in its own name and on behalf of its direct and indirect subsidiaries, and [ ], an individual (“Indemnitee”).
INCENTIVE UNIT GRANT AGREEMENT Class E UnitsIncentive Unit Grant Agreement • October 8th, 2015 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • Delaware
THIS INCENTIVE UNIT GRANT AGREEMENT (this “Agreement”) is made as of October 7, 2015 (the “Grant Date”), by and between 21st Century Oncology Investments, LLC, a Delaware limited liability company (the “Company”) and [ ] (“Executive”). Capitalized terms used but not otherwise defined herein shall have the meaning assigned to such terms in the LLC Agreement (as defined below).
CREDIT AND GUARANTY AGREEMENT dated as of December 6, 2016 among MEDICAL DEVELOPERS, LLC as Borrower, CERTAIN SUBSIDIARIES AND AFFILIATES OF MEDICAL DEVELOPERS, LLC, as Guarantors, VARIOUS LENDERS, and WILMINGTON SAVINGS FUND SOCIETY, FSB, as...Credit and Guaranty Agreement • December 7th, 2016 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • New York
This CREDIT AND GUARANTY AGREEMENT, dated as of December 6, 2016, is entered into by and among MEDICAL DEVELOPERS, LLC, a Florida limited liability company (the “Borrower”), certain subsidiaries and affiliates of the Borrower, as Guarantors (as defined below), the Lenders (as defined below) party hereto from time to time and Wilmington Savings Fund Society, FSB, as administrative agent for the Lenders (in such capacity and together with its successors and assigns in such capacity, the “Administrative Agent”) and collateral agent for the Administrative Agent and the Lenders (in such capacity and together with its successors and assigns in such capacity, the “Collateral Agent”).
TRANSITION AGREEMENT AND STOCK PLEDGETransition Agreement and Stock Pledge • May 1st, 2014 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • New Jersey
This Transition Agreement and Stock Pledge (this “Agreement”) is made as of May 14, 2013, by and between 21ST CENTURY ONCOLOGY OF NEW JERSEY, INC., a New Jersey corporation (“Management Services”); 21ST CENTURY HEALTHCARE ASSOCIATES, P.C., a New Jersey professional corporation (the “PC”); and MICHAEL J. KATIN, M.D. (the “Current Shareholder”).
THIRD AMENDED AND RESTATED MASTER LEASE AGREEMENTMaster Lease Agreement • August 23rd, 2016 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • Florida
Lessee shall deliver the following information in connection with delivery of the corporate financial statements required in Section 9.03 of the Lease.
LEASE #5 (Troy, MI)21st Century Oncology Holdings, Inc. • August 23rd, 2016 • Services-offices & clinics of doctors of medicine
This “Lease #5” is entered into as of the 11th day of February, 2013 (the “Effective Date”) between Theriac Enterprises of Troy, LLC, a Florida limited liability company (“Landlord”), and Michigan Radiation Therapy Management Services, Inc., a Michigan corporation (“Tenant”), for the leasehold improvements (the “Facility”) made upon the premises identified as Suite B111 (the “Premises”) and located within the building with a street address of 4550 Investment Drive, Troy, Michigan 48098 (the “Building”) situated on the real property more particularly described on attached Exhibit A (the “Property”), such Premises being leased by Tenant from UnaSource Health II, L.L.C., a Michigan limited liability company pursuant to a real estate lease dated December 1, 2011 (the “Real Estate Lease”) and used as a radiation or oncology related medical office (as such utilization may be changed pursuant to Section 7.1(a) and collectively, the “Business”). Pursuant to its concurrent Guaranty, 21st Centur
RADIATION THERAPY SERVICES AGREEMENTRadiation Therapy Services Agreement • May 1st, 2014 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • Rhode Island
This RADIATION THERAPY SERVICES AGREEMENT (“Agreement”), effective as of November 1, 2013 (“Effective Date”), is entered into by and Roger Williams Radiation Therapy, LLC, a Rhode Island limited liability company (“RWR”) and Massachusetts Oncology Services, P.C., a Massachusetts professional corporation (“Contractor”).
TRANSITION AGREEMENT AND STOCK PLEDGETransition Agreement and Stock Pledge • November 24th, 2010 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • Florida
This Transition Agreement and Stock Pledge (this “Agreement”) is made as of August , 2007, by and between PHOENIX MANAGEMENT COMPANY, LLC, a Michigan limited liability company (“Phoenix”), AMERICAN ONCOLOGIC ASSOCIATES OF MICHIGAN, P.C., a Michigan professional corporation (the “PC”); and MICHAEL J. KATIN, M.D. (the “Current Shareholder”).
MASTER LEASE #3Master Lease #3 • August 23rd, 2016 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine
This Master Lease #3 (this “Master Lease”) is entered into as of May 3, 2010 (the “Effective Date”) between Theriac Enterprises of Pembroke Pines, LLC, a Florida limited liability company and its undersigned wholly-owned subsidiaries (collectively, “Landlord”), and each of the undersigned entities identified as “Tenant”, for the improvements thereon (collectively, the “Facilities”) set forth on Schedule 1 (the “Premises”), each used as a radiation or oncology related medical office building (individually as so utilized, as such utilization may be changed pursuant to Section 7.1(a), collectively, the “Business”). Pursuant to its concurrent Guaranty, Radiation Therapy Services, Inc., a Florida corporation (“Guarantor”) has guaranteed Tenant’s obligations hereunder. In consideration of the mutual covenants, conditions and agreements set forth herein, Landlord hereby leases the Premises to Tenant for the Term upon the terms and conditions provided below. Certain capitalized terms used in t
MASTER LEASE #2Master Lease #2 • August 23rd, 2016 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine
This “Master Lease #2” is entered into as of August 29, 2011 (the “Effective Date”) between Theriac Rollup 2, LLC, a Florida limited liability company and its undersigned wholly-owned subsidiaries (collectively, “Landlord”), and each of the undersigned entities identified as “Tenant”, for the real properties and improvements thereon (collectively, the “Facilities”) set forth on Schedule 1, as legally described on Exhibit A, (the “Premises”), each used as a radiation or oncology related medical office building (individually as so utilized, as such utilization may be changed pursuant to Section 7.1(a) and collectively, the “Business”). Pursuant to its concurrent Guaranty, Radiation Therapy Services, Inc., a Florida corporation (“Guarantor”) has guaranteed Tenant’s obligations hereunder. In consideration of the mutual covenants, conditions and agreements set forth herein, Landlord hereby leases the Premises to Tenant for the Term upon the terms and conditions provided below. Certain capit
THIRD AMENDED AND RESTATED SECURITYHOLDERS AGREEMENT DATED AS OF SEPTEMBER 9, 2016 BY AND AMONGSecurityholders Agreement • September 9th, 2016 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • Delaware
This Third Amended and Restated Securityholders Agreement (this “Agreement”) is entered into as of September 9, 2016 by and among (i) 21st Century Oncology Investments, LLC (f/k/a Radiation Therapy Investments, LLC), a Delaware limited liability company (the “Company”), (ii) 21st Century Oncology Holdings, Inc. (f/k/a Radiation Therapy Services Holding, Inc.), a Delaware corporation and a wholly-owned subsidiary of the Company (“Holdings”), (iii) Canada Pension Plan Investment Board, a Canadian federal crown corporation (“CPPIB”), (iv) Vestar Capital Partners V, L.P., a Cayman Islands exempted limited partnership (“Vestar V”), Vestar Capital Partners V-A, L.P., a Cayman Islands exempted limited partnership (“Vestar V-A”), Vestar Executive V, L.P., a Cayman Islands exempted limited partnership, Vestar Holdings V, L.P., a Cayman Islands exempted limited partnership, Vestar/Radiation Therapy Investments, LLC, a Delaware limited liability company (“Vestar/RTI”), and any investment fund aff
INDEPENDENT CONTRACTOR AGREEMENTIndependent Contractor Agreement • November 24th, 2010 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • West Virginia
THIS INDEPENDENT CONTRACTOR AGREEMENT (the “Agreement”) is entered into as of the 18th day of October, 2005, by and between Ambergris, LLC, a West Virginia limited liability company (“Ambergris”) and Katin Radiation Therapy, P.A., a Maryland professional corporation duly qualified to do business in West Virginia (the “P.A.”).
MANAGEMENT STOCK CONTRIBUTION AND UNIT SUBSCRIPTION AGREEMENT (Preferred Units and Class A Units)Management Stock Contribution • November 24th, 2010 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • Delaware
THIS MANAGEMENT STOCK CONTRIBUTION AND UNIT SUBSCRIPTION AGREEMENT (this “Agreement”) is made as of , 2008, by and between Radiation Therapy Investments, LLC, a Delaware limited liability company (the “Company”) and the individual named on the signature page attached hereto (the “Executive”). Capitalized terms used herein but not otherwise defined herein shall have the meanings assigned to them in the Amended and Restated Limited Liability Company Agreement, dated as of , 2008, entered into by and among the members of the Company (as amended from time to time in accordance with its terms, the “LLC Agreement”).
SUBSCRIPTION AGREEMENT by and among 21st Century Oncology Investments, LLC, 21st Century Oncology Holdings, Inc., 21st Century Oncology, Inc., andSubscription Agreement • September 9th, 2016 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • New York
This SUBSCRIPTION AGREEMENT (the “Agreement”), dated as of September 9, 2016, is by and among 21st Century Oncology Investments, LLC, a Delaware limited liability company (“Parent”), 21st Century Oncology Holdings, Inc., a Delaware corporation (the “Company”), 21st Century Oncology, Inc., a Florida corporation (“Opco”), and Canada Pension Plan Investment Board, a Canadian federal Crown corporation (“Purchaser”; each of Company and Purchaser, a “Party”). All capitalized terms not otherwise defined herein shall have the meanings given such terms in Annex A of this Agreement.
LEASELease • November 24th, 2010 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine • Florida
THIS LEASE (the “Lease”) is made and entered into as of the “Effective Date” (as defined in Section 23.18 below), by and between, Theriac Enterprises of Jacksonville, LLC, a Florida limited liability company, whose business address is 5292 Summerlin Commons Way, Suite 1103, Fort Myers, Florida 33907 (“Landlord”), and 21st Century Oncology of Jacksonville, Inc., a Florida corporation, whose business address is 2234 Colonial Blvd. Fort Myers, FL 33907 (“Tenant”).
ContractCollateral Agreement • March 22nd, 2012 • Radiation Therapy Services Holdings, Inc. • Services-offices & clinics of doctors of medicine
SUPPLEMENT No. 13 dated as of September 29, 2011 to the Guaranty and Collateral Agreement (the “Collateral Agreement”) dated as of February 21, 2008, among RADIATION THERAPY SERVICES HOLDINGS, INC., a Delaware corporation (“Parent”), RADIATION THERAPY SERVICES, INC., a Florida corporation (“Borrower”), each subsidiary of Borrower listed on Schedule I thereto (each such subsidiary individually a “Subsidiary Guarantor” and collectively, the “Subsidiary Guarantors”); the Subsidiary Guarantors and Borrower are referred to collectively herein as the “Grantors”) and WELLS FARGO BANK, NATIONAL ASSOCIATION (as successor to WACHOVIA BANK, NATIONAL ASSOCIATION), (“Wells”), as Collateral Agent (in such capacity, the “Collateral Agent”).
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • July 28th, 2016 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • New York
This Second Supplemental Indenture, dated as of July 25, 2016 (this “Second Supplemental Indenture”), is by and among 21st Century Oncology, Inc., a Florida corporation (the “Issuer,” which term includes its successors and assigns), the Guarantors (as defined in the Indenture (as defined below)) and Wilmington Trust, National Association, as trustee (in such capacity, the “Trustee”) under the Indenture. Capitalized terms used and not defined herein shall have the same meanings given in the Indenture unless otherwise indicated.
21ST CENTURY ONCOLOGY HOLDINGS, INC. WARRANT AGREEMENTWarrant Agreement • September 26th, 2014 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • New York
WHEREAS, pursuant to the Subscription Agreement, dated as of September 26, 2014 (the “Subscription Agreement”), by and among 21st Century Oncology Investments, LLC, the Company, 21st Century Oncology, Inc., and Canada Pension Plan Investment Board, providing, among other things, for the issuance by the Company of warrants to purchase Common Stock (collectively, the “Warrants,”); and
RESTRICTED STOCK AGREEMENT PURSUANT TO THE 21st CENTURY ONCOLOGY HOLDINGS, INC. 2014 OMNIBUS INCENTIVE PLANRestricted Stock Agreement • May 7th, 2014 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • Delaware
THIS RESTRICTED STOCK AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between 21st Century Oncology Holdings, Inc., a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the 21st Century Oncology Holdings, Inc. 2014 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
