Exhibit 10.17 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of August 30, 2006, by and between ATHENAHEALTH, INC. (the "Company"), and James MacDonald ("Employee"). The parties hereby agree as follows: 1....Employment Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec • Massachusetts
Contract Type FiledJuly 13th, 2007 Company Industry Jurisdiction
EXHIBIT 10.35 THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR REGISTERED OR QUALIFIED UNDER ANY STATE SECURITIES OR "BLUE SKY" LAWS, AND MAY NOT BE SOLD, PLEDGED, OR OTHERWISE...Warrant Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec • Massachusetts
Contract Type FiledJuly 13th, 2007 Company Industry Jurisdiction
Exhibit 10.21 LOAN AND SECURITY AGREEMENT BORROWER: ATHENAHEALTH, INC., A DELAWARE CORPORATION ADDRESS: 311 ARSENAL STREET WATERTOWN, MASSACHUSETTS 02472 DATE: DECEMBER 28, 2005 This Loan and Security Agreement is entered into on the above date...Loan and Security Agreement • August 31st, 2007 • Athenahealth Inc • Services-business services, nec • California
Contract Type FiledAugust 31st, 2007 Company Industry Jurisdiction
LANDLORD ANDLease Agreement • September 6th, 2007 • Athenahealth Inc • Services-business services, nec
Contract Type FiledSeptember 6th, 2007 Company Industry
AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 23rd, 2015 • Athenahealth Inc • Services-business services, nec • Massachusetts
Contract Type FiledJuly 23rd, 2015 Company Industry Jurisdiction
LEASE BETWEENLease • July 13th, 2007 • Athenahealth Inc • Services-business services, nec
Contract Type FiledJuly 13th, 2007 Company Industry
FORMaster Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec
Contract Type FiledJuly 13th, 2007 Company Industry
EXHIBIT 10.37 THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR REGISTERED OR QUALIFIED UNDER ANY STATE SECURITIES OR "BLUE SKY" LAWS, AND MAY NOT BE SOLD, PLEDGED, OR OTHERWISE...Warrant Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec • Massachusetts
Contract Type FiledJuly 13th, 2007 Company Industry Jurisdiction
EXHIBIT 10.13Investor Rights Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec • Delaware
Contract Type FiledJuly 13th, 2007 Company Industry Jurisdiction
EXHIBIT 10.33 THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR REGISTERED OR QUALIFIED UNDER ANY STATE SECURITIES OR "BLUE SKY" LAWS AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE...Warrant Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec • California
Contract Type FiledJuly 13th, 2007 Company Industry Jurisdiction
EXHIBIT 10.12 EXODUS COMMUNICATION, INC. MASTER SERVICES AGREEMENT MASTER SERVICES AGREEMENT (the "Agreement") between Exodus Communications, Inc., ("Exodus") and ATHENA HEALTHCARE ("Customer") is made effective as of the date indicated below the...Master Services Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec • California
Contract Type FiledJuly 13th, 2007 Company Industry Jurisdiction
AGREEMENT AND PLAN OF MERGER among ATHENAHEALTH, INC., MAY HOLDING CORP. and MAY MERGER SUB INC. Dated as of November 11, 2018Merger Agreement • November 13th, 2018 • Athenahealth Inc • Services-business services, nec • New York
Contract Type FiledNovember 13th, 2018 Company Industry JurisdictionAGREEMENT AND PLAN OF MERGER (hereinafter referred to as this “Agreement”), dated as of November 11, 2018, among athenahealth, Inc., a Delaware corporation (the “Company”), May Holding Corp., a Delaware corporation (“Parent”), and May Merger Sub Inc., a Delaware corporation and a direct wholly owned Subsidiary of Parent (“Merger Sub”).
EXHIBIT 10.34 THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR REGISTERED OR QUALIFIED UNDER ANY STATE SECURITIES OR "BLUE SKY" LAWS, AND MAY NOT BE SOLD, PLEDGED, OR OTHERWISE...Warrant Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec • Massachusetts
Contract Type FiledJuly 13th, 2007 Company Industry Jurisdiction
MASTER SECURITY AGREEMENT NO. 609111 DATED AS OF MARCH 31, 2006 ("AGREEMENT")Master Security Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec • Virginia
Contract Type FiledJuly 13th, 2007 Company Industry Jurisdiction
EXHIBIT 10.32 THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR REGISTERED OR QUALIFIED UNDER ANY STATE SECURITIES OR "BLUE SKY" LAWS AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE...Warrant Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec • California
Contract Type FiledJuly 13th, 2007 Company Industry Jurisdiction
INDEMNIFICATION AGREEMENTIndemnification Agreement • September 6th, 2007 • Athenahealth Inc • Services-business services, nec • Delaware
Contract Type FiledSeptember 6th, 2007 Company Industry JurisdictionThis Agreement made and entered into this ___day of ___, (the “Agreement”), by and between athenahealth, Inc., a Delaware corporation (the “Company,” which term shall include, where appropriate, any Entity (as hereinafter defined) controlled directly or indirectly by the Company) and ___(the “Indemnitee”):
SERVICES AGREEMENT BETWEEN ATHENAHEALTH, INC. AND VISION HEALTHSOURCE, INC.Services Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec • Delaware
Contract Type FiledJuly 13th, 2007 Company Industry Jurisdiction
CREDIT AGREEMENT Dated as of October 20, 2011 among ATHENAHEALTH, INC., as the Borrower, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and The Other Lenders Party Hereto MERRILL LYNCH, PIERCE, FENNER & SMITH...Credit Agreement • October 21st, 2011 • Athenahealth Inc • Services-business services, nec • Massachusetts
Contract Type FiledOctober 21st, 2011 Company Industry JurisdictionThis CREDIT AGREEMENT (“Agreement”) is entered into as of October 20, 2011, among ATHENAHEALTH, INC., a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
Exhibit 10.19 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement"), is made and entered into as of April 1 2001, by and between ATHENAHEALTH (the "Company"), and Christopher Nolin ("Employee"). The parties hereby agree as follows: 1....Employment Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec • Massachusetts
Contract Type FiledJuly 13th, 2007 Company Industry Jurisdiction
EMPLOYMENT AGREEMENTEmployment Agreement • April 30th, 2015 • Athenahealth Inc • Services-business services, nec • Massachusetts
Contract Type FiledApril 30th, 2015 Company Industry JurisdictionTHIS EMPLOYMENT AGREEMENT (“Agreement’) is made and entered into as of July 1, 2010 by and between ATHENAHEALTH, INC. (the “Company”), and the undersigned Employee (“Employee”).
SECURITY AGREEMENTSecurity Agreement • November 7th, 2008 • Athenahealth Inc • Services-business services, nec • Massachusetts
Contract Type FiledNovember 7th, 2008 Company Industry JurisdictionSECURITY AGREEMENT (this “Agreement”), dated as of September 30, 2008, between ATHENAHEALTH, INC., a Delaware corporation (the “Company”), each other party as shall from time to time become a party hereto (each such other party and the Company being hereafter referred to from time to time, individually, as a “Grantor”, and collectively, as the “Grantors”), and BANK OF AMERICA, N.A., a national banking association, as administrative agent (hereinafter, in such capacity, the “Administrative Agent”) for itself and the other lending institutions (hereinafter, collectively, the “Lenders”) which are or may become parties to that certain Credit Agreement dated as of September 30, 2008 (as amended, restated, modified and otherwise in effect from time to time, the “Credit Agreement”), among the Company, the Lenders from time to time party thereto and the Administrative Agent.
WARRANT TO PURCHASE SHARES OF COMMON STOCK OF ATHENAHEALTH, INC. A DELAWARE CORPORATIONWarrant Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec • Delaware
Contract Type FiledJuly 13th, 2007 Company Industry Jurisdiction
TERM NOTETerm Note • November 7th, 2008 • Athenahealth Inc • Services-business services, nec
Contract Type FiledNovember 7th, 2008 Company IndustryFOR VALUE RECEIVED, the undersigned (the “Borrower”), hereby promises to pay to BANK OF AMERICA, N.A., a national banking association, or registered assigns (the “Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of the Term Loan made by the Lender to the Borrower under that certain Credit Agreement, dated as of September 30, 2008 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among the Borrower, the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.
EMPLOYMENT AGREEMENTEmployment Agreement • March 2nd, 2009 • Athenahealth Inc • Services-business services, nec • Massachusetts
Contract Type FiledMarch 2nd, 2009 Company Industry JurisdictionTHIS EMPLOYMENT AGREEMENT (“Agreement”), is made and entered into as of September 16, 2002, by and between ATHENAHEALTH, INC. (the “Company”), and Robert M. Hueber (“Employee”).
EXHIBIT 10.27 GE CAPITAL HEALTHCARE FINANCIAL SERVICES MASTER SECURITY AGREEMENT DATED AS OF 08/23/2002 THIS MASTER SECURITY AGREEMENT is between General Electric Capital Corporation (together with its successors and assigns, if any, "Secured Party")...Master Security Agreement • July 13th, 2007 • Athenahealth Inc • Services-business services, nec
Contract Type FiledJuly 13th, 2007 Company Industry
AGREEMENT AND PLAN OF MERGER Among ATHENAHEALTH, INC., PROMETHEUS ACQUISITION LLC, PROXSYS LLC and THE SECURITYHOLDERS’ REPRESENTATIVE Dated as of July 21, 2011Merger Agreement • July 21st, 2011 • Athenahealth Inc • Services-business services, nec • Delaware
Contract Type FiledJuly 21st, 2011 Company Industry JurisdictionTHIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of 21, 2011, is by and among athenahealth, Inc., a Delaware corporation (“Parent”), Prometheus Acquisition LLC, a Delaware limited liability company (“MergerCo”), Proxsys LLC, an Alabama limited liability company (the “Company”) and Hollis Gieger, as Securityholders’ Representative (the “Securityholders’ Representative”). Parent, MergerCo, the Company and the Securityholders’ Representative are sometimes referred to collectively herein as the “Parties.” Certain terms used in this Agreement are defined in Section 1.1 hereof. An index of defined terms used in this Agreement is set forth in Section 1.2 hereof.
AMENDMENT NO. 3 TO OFFICE LEASE AGREEMENTOffice Lease Agreement • February 4th, 2016 • Athenahealth Inc • Services-business services, nec
Contract Type FiledFebruary 4th, 2016 Company IndustryTHIS AMENDMENT NO. 3 TO OFFICE LEASE AGREEMENT (this “Amendment”) is made as of the 27th day of February, 2015 by and between JAMESTOWN PCM Master Tenant, L.P., a Delaware limited partnership (“Landlord”) and athenahealth, Inc., a Delaware corporation (“Tenant”).
Promissory Note Master Security Agreement No.6081111 Schedule No. 1 PROMISSORY NOTE To Master Security Agreement No. 6081111 MARCH 31, 2006 FOR VALUE RECEIVED, athenahealth, Inc., a Delaware corporation, located at the address stated below ("Maker")...Promissory Note • July 13th, 2007 • Athenahealth Inc • Services-business services, nec • Virginia
Contract Type FiledJuly 13th, 2007 Company Industry JurisdictionFOR VALUE RECEIVED, athenahealth, Inc., a Delaware corporation, located at the address stated below ("Maker") promises to pay to the order of Oxford Finance Corporation or any subsequent holder hereof (each, a "Payee") at its office located at 133 N. Fairfax STREET, ALEXANDRIA, VA 22314 or at such other place as Payee or the holder hereof may designate, the principal sum of ONE MILLION EIGHT HUNDRED Seventy Thousand Four HUNDRED TWENTY-ONE AND 36/100 DOLLARS ($1,870,421.36), with interest on the unpaid principal balance, from the date hereof through and including the dates of payment, at a fixed interest rate of Ten and Sixty-Nine One Hundredths of One Percent (10.69%) per annum, in thirty six (36) consecutive monthly installments of principal and interest (each, a "Periodic Installment") as follows:
Master Equipment Lease Agreement Dated June 1, 2007Master Equipment Lease Agreement • February 18th, 2011 • Athenahealth Inc • Services-business services, nec • New Jersey
Contract Type FiledFebruary 18th, 2011 Company Industry Jurisdiction
SERVICES AGREEMENTServices Agreement • April 26th, 2017 • Athenahealth Inc • Services-business services, nec • Massachusetts
Contract Type FiledApril 26th, 2017 Company Industry JurisdictionThis Services Agreement (this “Agreement”) is entered into as of July 31, 2013 (the “Effective Date”), by and between athenahealth, Inc., a Delaware corporation with a primary business address of 311 Arsenal Street, Watertown, Massachusetts 02472 USA (hereinafter referred to as “Athena”), and Access Healthcare Services USA, LLC, a Delaware limited liability company with a primary business address of 8117 Preston Road, Suite 300, Dallas, Texas 75225 USA (“AHS USA”).
EXHIBIT A TO THE SUPPORT AGREEMENT BETWEEN ATHENA AND AHS INDIA AMENDED AND RESTATED SERVICES AGREEMENTServices Agreement • August 10th, 2017 • Athenahealth Inc • Services-business services, nec • Massachusetts
Contract Type FiledAugust 10th, 2017 Company Industry JurisdictionThis Amended and Restated Services Agreement (this “Agreement”) is entered into as of August 8, 2017 (the “Amendment Effective Date”), by and between athenahealth, Inc., a Delaware corporation with a primary business address of 311 Arsenal Street, Watertown, Massachusetts 02472 USA (hereinafter referred to as “Athena”), and Access Healthcare Services USA, LLC, a Delaware limited liability company with a primary business address of 8235 Douglas Avenue, Suite 200, Dallas, Texas 75225 USA (“AHS USA”) (Athena and AHS USA each individually referred to as a “Party” and collectively referred to as the “Parties”).
athenahealth, Inc. Common Stock ($0.01 par value per share) Underwriting AgreementUnderwriting Agreement • September 11th, 2007 • Athenahealth Inc • Services-business services, nec • New York
Contract Type FiledSeptember 11th, 2007 Company Industry JurisdictionGoldman, Sachs & Co. Merrill Lynch, Pierce, Fenner & Smith Incorporated Piper Jaffray & Co. Jefferies Broadview, a division of Jefferies & Company, Inc.
VOTING AGREEMENTVoting Agreement • January 7th, 2013 • Athenahealth Inc • Services-business services, nec • Delaware
Contract Type FiledJanuary 7th, 2013 Company Industry JurisdictionThis Voting Agreement (“Agreement”), dated as of January 7, 2013, is made by and between athenahealth, Inc., a Delaware corporation (“Parent”), and the undersigned holder (the “Stockholder”) of shares of common stock, par value $0.001 per share, or other securities of Epocrates, Inc., a Delaware corporation (the “Company”).
LEASE DEEDLease Agreement • February 16th, 2012 • Athenahealth Inc • Services-business services, nec
Contract Type FiledFebruary 16th, 2012 Company IndustryM/S. FAERY ESTATES PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 and having its registered office at 70, Nagindas Master Road, Mumbai 400023 represented herein by its authorized signatory, Mr. Jair Dsouza, authorized by the board resolution dated (hereinafter referred to as the “LESSOR”, which expression shall, unless repugnant to the context or meaning thereof, include its successors, and permitted assigns) of the ONE PART
Professional Services AgreementProfessional Services Agreement • March 15th, 2010 • Athenahealth Inc • Services-business services, nec
Contract Type FiledMarch 15th, 2010 Company IndustryThis Professional Services Agreement (this “PSA”) is entered into as of October 2, 2009 (the “Effective Date”), by and between athenahealth, Inc., a Delaware corporation with a primary business address of 311 Arsenal Street, Watertown, Massachusetts 02472 USA (hereinafter referred to as “Athena”); International Business Machines Corporation, a New York corporation with a primary business address of Armonk, New York 10504 USA (“IBM”).