FORM OF INVESTMENT AGREEMENT by and among BALLY TOTAL FITNESS HOLDING CORPORATION, as debtor and debtor-in-possession, and HARBINGER CAPITAL PARTNERS MASTER FUND I, LTD., and HARBINGER CAPITAL PARTNERS SPECIAL SITUATIONS FUND, L.P., as Investors Dated...Investment Agreement • August 14th, 2007 • Bally Total Fitness Holding Corp • Services-membership sports & recreation clubs • New York
This INVESTMENT AGREEMENT (as it may be amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is made as of August [21], 2007, by and among Bally Total Fitness Holding Corporation, a Delaware corporation, in its capacity as debtor and debtor in possession (the “Company”), the subsidiary guarantors set forth on the signature pages hereto (the “Subsidiary Guarantors”), as guarantors, and Harbinger Capital Partners Master Fund I, Ltd. and Harbinger Capital Partners Special Situations Fund, L.P. (collectively, including any affiliates thereof, the “Investors”).
