LIMITED GUARANTEELimited Guarantee • February 19th, 2008 • Bright Horizons Family Solutions Inc • Services-child day care services • New York
LIMITED GUARANTEE, dated as of January 14, 2008 (this “Limited Guarantee”), by Bain Capital Fund X, L.P. (the “Guarantor”) in favor of Bright Horizons Family Solutions, Inc. (the “Guaranteed Party”).
Bain Capital Fund X, L.P.Bright Horizons Family Solutions Inc • February 19th, 2008 • Services-child day care services • New York
This letter agreement sets forth the commitment of Bain Capital Fund X, L.P. (“Bain” or the “Fund”), subject to the terms and conditions contained herein, to purchase certain equity interests of Swingset Holdings Corp., a newly formed Delaware corporation (the “Parent”). It is contemplated that, pursuant to an Agreement and Plan of Merger (the “Merger Agreement”) to be entered into among Parent, Bright Horizons Family Solutions, Inc. (the “Company”) and Swingset Acquisition Corp., a Delaware corporation and wholly-owned subsidiary of Parent (the “Merger Sub”), pursuant to which Merger Sub will be merged with and into the Company (the “Merger”). Each capitalized term used and not defined herein shall have the meaning ascribed thereto in the Merger Agreement.
