FOURTH WAIVER AND THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • September 8th, 2005 • Mq Associates Inc • Services-medical laboratories • New York
AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of September 3, 2003, among MQ ASSOCIATES, INC., a Delaware corporation (“Holdings”), MEDQUEST, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), JPMORGAN CHASE BANK, as syndication agent (in such capacity, the “Syndication Agent”), GENERAL ELECTRIC CAPITAL CORPORATION and WACHOVIA BANK, NATIONAL ASSOCIATION, as co-documentation agents (in such capacities, the “Co-Documentation Agents”), and WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, the “Administrative Agent”).
ContractWarrant Agreement • September 8th, 2005 • Mq Associates Inc • Services-medical laboratories • New York
THIS WARRANT AND THE SECURITIES REPRESENTED BY THIS WARRANT HAVE BEEN ACQUIRED FOR INVESTMENT PURPOSES ONLY AND HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR UNDER ANY APPLICABLE STATE SECURITIES LAWS. THIS WARRANT MAY NOT BE SOLD OR OTHERWISE TRANSFERRED OR PLEDGED, EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR SUCH APPLICABLE STATE SECURITIES LAWS, OR IF THE PROPOSED TRANSFER MAY BE EFFECTED WITHOUT REGISTRATION UNDER THE SECURITIES ACT OR REGISTRATION OR QUALIFICATION UNDER APPLICABLE STATE SECURITIES LAWS. THIS WARRANT IS SUBJECT TO THE TERMS AND PROVISIONS OF THE SECURITIES PURCHASE AGREEMENT BETWEEN MQ ASSOCIATES, INC. AND MQ INVESTMENT HOLDINGS II, LLC, DATED AS OF SEPTEMBER 7, 2005, AS AMENDED FROM TIME TO TIME (THE “PURCHASE AGREEMENT”), AND IS ENTITLED TO THE BENEFITS THEREOF.
SECURITIES PURCHASE AGREEMENT DATED AS OF SEPTEMBER 7, 2005 BETWEEN MQ ASSOCIATES, INC. AND MQ INVESTMENT HOLDINGS II, LLCSecurities Purchase Agreement • September 8th, 2005 • Mq Associates Inc • Services-medical laboratories • New York
SECURITIES PURCHASE AGREEMENT dated as of September 7, 2005, between MQ ASSOCIATES, INC., a Delaware corporation (the “Company”) and MQ INVESTMENT HOLDINGS II, LLC, a Delaware limited liability company (the “Purchaser”).
