Accession Agreement
Exhibit 4.11
Accession Agreement
August 20, 2004
Pursuant to Section 5(n) of the Purchase Agreement (the “Purchase Agreement”) dated August 4, 2004, among Oiler Acquisition Corp., a Delaware corporation (the “Issuer”), and Citigroup Global Markets Inc., X.X. Xxxxxx Securities Inc., Wachovia Capital Markets, LLC and Deutsche Bank Securities Inc., as representatives of the initial purchasers (the “Initial Purchasers”) named in Schedule I thereto, such Section 5(n) being an inducement to the Initial Purchasers to enter into the Purchase Agreement and the Registration Rights Agreement (the “Registration Rights Agreement”) dated August 4, 2004, among the Issuer, and Citigroup Global Markets Inc., X.X. Xxxxxx Securities Inc., Wachovia Capital Markets, LLC and Deutsche Bank Securities Inc., as representatives of the Initial Purchasers, each of the subsidiary guarantors set forth on the signature pages hereto (each a “Subsidiary Guarantor” and, collectively the “Subsidiary Guarantors”) does hereby agree, on a joint and several basis, to accede to the terms of the Purchase Agreement and the Registration Rights Agreement as guarantors, and hereby undertakes to perform, on a joint and several basis, each of the obligations of the Issuer set forth in the Purchase Agreement or the Registration Rights Agreement as though it had entered into the Purchase Agreement and the Registration Rights Agreement on August 4, 2004. Such performance obligations referenced in the preceding sentence are in addition to the performance obligations of US Oncology, Inc. under the Purchase Agreement and Registration Rights Agreement, whose performance obligations shall occur by operation of law.
[Signature Pages Follow.]
IN WITNESS WHEREOF, the parties hereto have caused this First Supplemental Indenture to be duly executed, all as of the date first above written.
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US ONCOLOGY, INC. |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Chief Financial Officer |
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ALABAMA
PHARMACEUTICAL SERVICES, LLC, as a |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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AOR
HOLDING COMPANY OF INDIANA, INC., as a |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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AOR
MANAGEMENT COMPANY OF ARIZONA, INC., |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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AOR
MANAGEMENT COMPANY OF INDIANA, INC., |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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AOR
MANAGEMENT COMPANY OF MISSOURI, |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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AOR
MANAGEMENT COMPANY OF OKLAHOMA, |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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AOR
MANAGEMENT COMPANY OF |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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AOR
MANAGEMENT COMPANY OF TEXAS, INC., as |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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AOR
MANAGEMENT COMPANY OF VIRGINIA, INC., |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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AOR REAL ESTATE, INC., as a Subsidiary Guarantor |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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AOR
OF INDIANA MANAGEMENT PARTNERSHIP, as |
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By: |
AOR
MANAGEMENT COMPANY OF |
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Its: |
General Partner |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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and |
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By: |
AOR
HOLDING COMPANY OF |
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Its: |
General Partner |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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AOR
OF TEXAS MANAGEMENT LIMITED |
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By: |
AOR
MANAGEMENT COMPANY OF |
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Its: |
General Partner |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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AOR SYNTHETIC REAL ESTATE, INC., as a Subsidiary |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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AORT HOLDING COMPANY, INC., as a Subsidiary |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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CALIFORNIA PHARMACEUTICAL SERVICES, LLC, |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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FLORIDA PHARMACEUTICAL SERVICES, LLC, as a |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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GREENVILLE RADIATION CARE, INC., as a Subsidiary |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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IOWA PHARMACEUTICAL SERVICES, LLC, as a |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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MICHIGAN PHARMACEUTICAL SERVICES, LLC, as a |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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NEBRASKA PHARMACEUTICAL SERVICES, LLC, as |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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NEW
MEXICO PHARMACEUTICAL SERVICES, LLC, |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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NORTH
CAROLINA PHARMACEUTICAL SERVICES, |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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PENNSYLVANIA
PHARMACEUTICAL SERVICES, |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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PHYSICIAN
RELIANCE HOLDINGS, LLC, as a |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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PHYSICIAN
RELIANCE NETWORK, INC., as a |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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RMCC
CANCER CENTER, INC., as a Subsidiary |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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SELECTPLUS
ONCOLOGY, LLC, as a Subsidiary |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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ST.
LOUIS PHARMACEUTICAL SERVICES, LLC, as a |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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TEXAS
PHARMACEUTICAL SERVICES, LLC, as a |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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TOPS
PHARMACY SERVICES, INC., as a Subsidiary |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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US
ONCOLOGY CORPORATE, INC., as a Subsidiary |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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US
ONCOLOGY PHARMACEUTICAL SERVICES, |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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US ONCOLOGY RESEARCH, INC., as a Subsidiary |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Vice President |
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WASHINGTON PHARMACEUTICAL SERVICES, LLC, |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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PHYSICIAN RELIANCE, L.P., as a Subsidiary Guarantor |
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By: |
PRN Physician Reliance, LLC |
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Its: |
General Partner |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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PRN
PHYSICIAN RELIANCE, LLC, as a Subsidiary |
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By: |
/s/ Xxxxx Xxxxxxxxx |
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Name: |
Xxxxx Xxxxxxxxx |
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Title: |
Manager |
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