AMENDMENT NO. 1 TO THE INTERIM INVESTORS AGREEMENTThe Interim Investors Agreement • November 22nd, 2006 • Frist Thomas F Jr • Services-general medical & surgical hospitals, nec • New York
AMENDMENT NO. 1 TO THE INTERIM INVESTORS AGREEMENT (this “Amendment”), dated as of November 14, 2006, by and among Hercules Holding II, LLC, a Delaware limited liability company (“Parent”), Bain Capital Fund IX, L.P. (“Bain”), KKR Millennium Fund, L.P. (“KKR Millennium”), KKR 2006 Fund L.P. (“KKR 2006”), ML Global Private Equity Fund, L.P. (“ML”), Banc of America Securities LLC (“BofA”), Citigroup Inc. (“Citigroup”), Frisco, Inc. and Frisco Partners (and together with Frisco, Inc., Bain, KKR Millennium, KKR 2006, ML, BofA and Citigroup, the “Investors”).
ASSIGNMENT AND ASSUMPTION AGREEMENT dated as of November 15, 2006 (this “Agreement”), between ML Global Private Equity Fund, L.P. (“MLGPEF”) and Merrill Lynch Ventures L.P. 2001 (“MLV”).Assignment and Assumption Agreement • November 22nd, 2006 • Frist Thomas F Jr • Services-general medical & surgical hospitals, nec • New York
WHEREAS, Hercules Holding II, LLC (“Parent”) is party to an Agreement and Plan of Merger dated as of July 24, 2006 (the “Merger Agreement”), by and among HCA Inc., Parent and Hercules Acquisition Corporation pursuant to which, at the Effective Time (as defined in the Merger Agreement) Hercules Acquisition Corporation will be merged with and into HCA, Inc. , with HCA, Inc. surviving the merger as a wholly owned subsidiary of Parent;
ContractAssignment and Assumption Agreement • November 22nd, 2006 • Frist Thomas F Jr • Services-general medical & surgical hospitals, nec • New York
ASSIGNMENT AND ASSUMPTION AGREEMENT dated as of November 14, 2006 (this “Agreement”), by and among Bain Capital Fund IX, L.P. (“Bain”), KKR 2006 Fund L.P. (“KKR”), ML Global Private Equity Fund, L.P. (“ML” and together with Bain, and KKR, the “Sponsors”)), Frisco, Inc. and Frisco Partners (together with Frisco, Inc., the “Frisco Entities”).
