0001193125-04-195197 Sample Contracts

INDEMNIFICATION AGREEMENT
Indemnification Agreement • November 12th, 2004 • Dynacq Healthcare Inc • Services-offices & clinics of doctors of medicine • Delaware

THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made as of this day of , 2004 by and between DYNACQ HEALTHCARE, INC., a Delaware corporation (the “Company”), and (“Indemnitee”).

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Private Client Group Merrill Lynch Business Financial Services Inc. 222 North LaSalle Street 17th Floor Chicago, Illinois 60601 (312) 499-3110 FAX: (312) 368-1387 October 29, 2004
Dynacq Healthcare Inc • November 12th, 2004 • Services-offices & clinics of doctors of medicine

This Letter Agreement will serve to confirm certain agreements of Merrill Lynch Business Financial Services Inc. (“MLBFS”) and Dynacq Healthcare, Inc. (“Customer”) with respect to: (i) that certain WCMA REDUCING REVOLVER LOAN AND SECURITY AGREEMENT NO. 582-07L53 between MLBFS and Customer (as amended, extended and as assumed by the Assumption Agreement of even date hereof between MLBFS, Customer and Guarantors), and (ii) all other agreements between MLBFS and Customer or any party who has guaranteed or provided collateral for Customer’s obligations to MLBFS (a “Guarantor”) in connection therewith (collectively, the “Loan Documents”). Capitalized terms used herein and not defined herein shall have the meaning set forth in the Loan Documents.

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