Option Net-Settlement Exercise Agreement Sample Contracts
To: Joseph T. Clark From: ASC Acquisition LLC / Surgical Care Affiliates LLC Re: Option Net-Settlement Exercise Agreement Date: October 8, 2013Option Net-Settlement Exercise Agreement • October 16th, 2013 • ASC Acquisition LLC • Services-specialty outpatient facilities, nec
As you know, ASC Acquisition LLC, a Delaware limited liability company, and its successors, including the corporation into which it will convert as part of the Public Offering, as hereinafter defined (the “Company”), is in the process of pursuing an initial public offering (the “Public Offering”) of its membership units (such membership units and any securities in to which such membership units may be converted, the “Membership Units”). As a result of your position with the Company and its subsidiaries, in connection with the Public Offering you will be required to enter into a lock-up agreement in such form as is provided under the underwriting agreement as the underwriters, the Company and selling stockholders may agree, which agreement (“Lock-Up Agreement”) will impose restrictions on the sale and certain other dispositions of Membership Units for a period of up to 180 days after the date of the prospectus relating to the Public Offering (the “Lock-up Period”). However, tentatively,