AMENDED AND RESTATED MASTER LEASE by and between DOC-FSH EL PASO MEDICAL CENTER, LLC, as Landlord and EAST EL PASO PHYSICIANS’ MEDICAL CENTER, LLC, as Tenant. August 31, 2013Master Lease • November 20th, 2013 • Graymark Healthcare, Inc. • Services-specialty outpatient facilities, nec • Texas
THIS AMENDED AND RESTATED MASTER LEASE (the “Lease”) dated as of August 31, 2013, by and between DOC-FSH EL PASO MEDICAL CENTER, LLC, a Wisconsin limited liability company (“Landlord”), and EAST EL PASO PHYSICIANS’ MEDICAL CENTER, LLC, a Texas limited liability company (“Tenant”).
PROMISSORY NOTE (NOTE NO. 3)Graymark Healthcare, Inc. • November 20th, 2013 • Services-specialty outpatient facilities, nec
FOR VALUE RECEIVED, FOUNDATION SURGERY AFFILIATES, LLC, a Nevada limited liability company (“FSA”), FOUNDATION SURGERY HOLDINGS, L.L.C., a Delaware limited liability company (“FSH”) and FOUNDATION SURGERY MANAGEMENT, LLC, a Delaware limited liability company (“FSM”) (hereinafter collectively referred to as the “Borrowers”), jointly and severally, unconditionally promise to pay to the order of LEGACY BANK (“Lender”), at 2801 W. Memorial Road, Oklahoma City, OK 73134, or at such other place as may be designated in writing by the holder of this promissory note, the principal sum of not to exceed ONE MILLION AND 00/100 DOLLARS ($1,000,000.00), together with interest thereon at the rate hereinafter specified:
LEASE AGREEMENTLease Agreement • November 20th, 2013 • Graymark Healthcare, Inc. • Services-specialty outpatient facilities, nec • Texas
THIS LEASE AGREEMENT (the “Lease”) is made as of October 11, 2006, by and between Foundation Bariatric Real Estate of Huebner, L.P., as landlord (“Landlord”), and Foundation Bariatric Hospital of San Antonio, L.P., as tenant (“Tenant”), with reference to the following:
SECOND AMENDED AND RESTATED PROMISSORY NOTE (NOTE NO. 1)Graymark Healthcare, Inc. • November 20th, 2013 • Services-specialty outpatient facilities, nec
FOR VALUE RECEIVED, FOUNDATION SURGERY AFFILIATES, LLC, a Nevada limited liability company (“FSA”), FOUNDATION SURGERY HOLDINGS, L.L.C., a Delaware limited liability company (“FSH”) and FOUNDATION SURGERY MANAGEMENT, LLC, a Delaware limited liability company (“FSM”) (hereinafter collectively referred to as the “Borrowers”), jointly and severally, unconditionally promise to pay to the order of LEGACY BANK (“Lender”), at 2801 W. Memorial Road, Oklahoma City, OK 73134, or at such other place as may be designated in writing by the holder of this promissory note, the principal sum of THREE MILLION SIX HUNDRED TWENTY-NINE THOUSAND FIFTY-SEVEN AND 00/100 DOLLARS ($3,629,057.00), together with interest thereon at the rate hereinafter specified:
SECOND ADDENDUM TO THE LEASE AGREEMENTThe Lease Agreement • November 20th, 2013 • Graymark Healthcare, Inc. • Services-specialty outpatient facilities, nec
THIS SECOND ADDENDUM (the “Second Addendum”) is entered into this 1st day of June, 2007, by and between Foundation Bariatric Real Estate of San Antonio, L.L.L.P., a Texas limited liability limited partnership, f/k/a Foundation Bariatric Real Estate of San Antonio, LP, a Texas limited partnership and Foundation Bariatric Hospital of San Antonio, L.L.C., f/k/a Foundation Bariatric Hospital of San Antonio, L.P. (collectively referred to as “the Parties”).
FIRST MODIFICATION TO PROMISSORY NOTES AND TO FIRST AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • November 20th, 2013 • Graymark Healthcare, Inc. • Services-specialty outpatient facilities, nec • Oklahoma
This First Modification to Promissory Notes and to First Amended and Restated Loan and Security Agreement (“First Modification Agreement”) is made and entered into this 28th day of June, 2013, to be effective as of the 26th day of June, 2013, by and between by and between FOUNDATION BARIATRIC HOSPITAL OF SAN ANTONIO, L.L.C., a Texas limited liability company, d/b/a FOUNDATION SURGICAL HOSPITAL OF SAN ANTONIO, L.L.C. (“FBH of SA” or “Borrower”), the Doctor Members of Borrower, as shown on Schedule 2 attached to the First Amended and Restated Loan and Security Agreement, FOUNDATION SURGICAL HOSPITAL HOLDINGS, LLC, a Nevada limited liability company (“FSHH”), FOUNDATION SURGICAL HOSPITAL AFFILIATES, LLC, a Nevada limited liability company (“FSHA”), FOUNDATION SURGICAL HOSPITAL MANAGEMENT, LLC, an Oklahoma limited liability company (“FSHM”), FOUNDATION SURGERY AFFILIATES, LLC, an Oklahoma limited liability company (“FSA”), FOUNDATION SURGERY HOLDINGS, LLC, a Delaware limited liability comp
LEASE AGREEMENTLease Agreement • November 20th, 2013 • Graymark Healthcare, Inc. • Services-specialty outpatient facilities, nec • Texas
THIS LEASE AGREEMENT (the “Lease”) is made effective the 1st day of December, 2005 (the “Commencement Date”), by and between Foundation Bariatric Real Estate of San Antonio, L.P., an Texas limited liability company (“Lessor”), and Foundation Bariatric Hospital of San Antonio, L.P., a Texas limited partnership (“Lessee”).
ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENTAssignment and Assumption of Lease Agreement • November 20th, 2013 • Graymark Healthcare, Inc. • Services-specialty outpatient facilities, nec
THIS LEASE ASSIGNMENT AND ASSUMPTION AGREEMENT WITH LANDLORD’S CONSENT (this “Assignment”) is made and entered into as of September 27, 2013 (the “Effective Date”) by and among EAST EL PASO PHYSICIANS’ MEDICAL CENTER, LLC (“Assignor”), EEPPMC PARTNERS, LLC (“Assignee”), and DOC-FSH EL PASO MEDICAL CENTER, LLC (“Landlord”).
FIRST AMENDMENT TO AMENDED AND RESTATED MASTER LEASEMaster Lease • November 20th, 2013 • Graymark Healthcare, Inc. • Services-specialty outpatient facilities, nec
THIS FIRST AMENDMENT TO AMENDED AND RESTATED MASTER LEASE (this “Amendment”) is made this 25th day of September, 2013, by and between DOC-FSH EL PASO MEDICAL CENTER, LLC, a Wisconsin limited liability company (“Landlord”), and EAST EL PASO PHYSICIANS’ MEDICAL CENTER, LLC, a Texas limited liability company (“Tenant”).
ADDENDUM TO THE LEASE AGREEMENTThe Lease Agreement • November 20th, 2013 • Graymark Healthcare, Inc. • Services-specialty outpatient facilities, nec
THIS ADDENDUM (the “Addendum”) is entered into this 19th day of February, 2007, by and between Foundation Bariatric Real Estate of San Antonio, L.P., and Foundation Bariatric Hospital of San Antonio, L.L.C., f/k/a Foundation Bariatric Hospital of San Antonio, L.P. (collectively referred to as “the Parties”). The Parties hereby amend that Lease Agreement entered into in December of 2005 (the “Lease”) between the Parties, as follows:
THIRD AMENDMENT TO THE LEASE AGREEMENTThe Lease Agreement • November 20th, 2013 • Graymark Healthcare, Inc. • Services-specialty outpatient facilities, nec
THIS THIRD AMENDMENT (the “Third Amendment”) is entered into this 15th day of July, 2010, by and between Foundation Bariatric Real Estate of San Antonio, L.L.L.P., a Texas limited liability limited partnership, f/k/a Foundation Bariatric Real Estate of San Antonio, LP, a Texas limited partnership and Foundation Bariatric Hospital of San Antonio, L.L.C., f/k/a Foundation Bariatric Hospital of San Antonio, L.P. (collectively referred to as “the Parties”).
CHANGE IN TERMS AGREEMENTChange in Terms Agreement • November 20th, 2013 • Graymark Healthcare, Inc. • Services-specialty outpatient facilities, nec
DESCRIPTION OF EXISTING INDEBTEDNESS Legacy Bank Note No 10228482 dated 09/07/2006 with an original principal amount of $650 500 00 and an Assumption Agreement dated 06/19/2012
