AGREEMENT AND PLAN OF MERGER by and among Concentra Operating Corporation, a Nevada corporation Island Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Buyer and Beech Street Corporation, a Delaware corporation Dated: August...Merger Agreement • August 4th, 2005 • Concentra Operating Corp • Services-specialty outpatient facilities, nec • California
AGREEMENT AND PLAN OF MERGER, dated as of August 2, 2005 (this “Agreement”), by and among Concentra Operating Corporation, a Nevada corporation (“Buyer”), Island Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Buyer (“Buyer Sub”), and Beech Street Corporation, a Delaware corporation (“Beech”). The parties hereto are sometimes hereinafter referred to collectively as the “Companies.” Buyer Sub and Beech are sometimes hereinafter referred to collectively as the “Constituent Corporations,” or individually as a “Constituent Corporation.”
FOURTH AMENDMENT TO THE CREDIT AGREEMENTCredit Agreement • August 4th, 2005 • Concentra Operating Corp • Services-specialty outpatient facilities, nec • New York
THIS FOURTH AMENDMENT, dated as of July 29, 05 (the “Amendment”), to the Credit Agreement, dated as of August 13, 2003, as amended by the First Amendment thereto, dated as of November 17, 2003, as further amended by the Second Amendment thereto, dated as of June 8, 2004 and as further amended by the Third Amendment thereto, dated as of August 23, 2004 (the “Credit Agreement”), among CONCENTRA INC., a Delaware corporation (“Holdings”), CONCENTRA OPERATING CORPORATION, a Nevada corporation (the “Borrower”), the several banks and other financial institutions from time to time parties thereto (the “Lenders”) and JPMORGAN CHASE BANK, N.A., a national banking association, as administrative agent for the Lenders thereunder (in such capacity, the “Administrative Agent”), is entered into by and among Holdings, the Borrower, the Lenders and the Administrative Agent.
