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.
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”).
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
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.
COMPANY LETTERHEAD]Letter Agreement • September 9th, 2016 • 21st Century Oncology Holdings, Inc. • Services-offices & clinics of doctors of medicine • Florida
This letter agreement (this “Letter Agreement”) will confirm our understanding with respect to the amendment of certain agreements with 21st Century Oncology Investments, LLC and 21st Century Oncology Holdings, Inc. (the “Company”).
