ContractWarrant Agreement • May 26th, 2017 • Aurora Diagnostics Holdings LLC • Services-medical laboratories • Delaware
THIS WARRANT WAS ORIGINALLY ISSUED ON MAY 25, 2017, AND NEITHER THIS WARRANT NOR THE COMMON UNITS OBTAINABLE UPON EXERCISE HEREOF HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR APPLICABLE STATE SECURITIES LAWS (“STATE ACTS”). THE TRANSFER OF THIS WARRANT IS SUBJECT TO THE CONDITIONS SPECIFIED IN SECTION 5 HEREOF AND THE APPLICABLE CONDITIONS SET FORTH IN THE SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF AURORA DIAGNOSTICS HOLDINGS, LLC, DATED AS OF JULY 6, 2011, AS AMENDED AND MODIFIED FROM TIME TO TIME (THE “LLC AGREEMENT”). THE COMPANY RESERVES THE RIGHT TO REFUSE THE TRANSFER OF THIS WARRANT UNTIL SUCH CONDITIONS HAVE BEEN FULFILLED WITH RESPECT TO SUCH TRANSFER. A COPY OF THE LLC AGREEMENT AS IN EFFECT AS OF THE DATE HEREOF IS ATTACHED AS ANNEX 1 HERETO.
AURORA DIAGNOSTICS HOLDINGS, LLC THIRD AMENDMENT TO THE SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENTLimited Liability Company Agreement • May 26th, 2017 • Aurora Diagnostics Holdings LLC • Services-medical laboratories • Delaware
THIS THIRD AMENDMENT (this “Third Amendment”) to the Second Amended and Restated Limited Liability Company Agreement, dated as of July 6, 2011, as amended (the “LLC Agreement”) of Aurora Diagnostics Holdings, LLC, a Delaware limited liability company (“Holdings LLC”) is made by the undersigned, constituting the Majority Summit Investors, Majority KRG Investors, and Majority Management Investors, and is effective as of May 25, 2017. Unless otherwise indicated, capitalized words and phrases used in this Third Amendment shall have the same meaning as set forth in the LLC Agreement.
FIRST AMENDMENT TO THE AMENDED AND RESTATED REGISTRATION AGREEMENTRegistration Agreement • May 26th, 2017 • Aurora Diagnostics Holdings LLC • Services-medical laboratories • Delaware
THIS FIRST AMENDMENT TO THE AMENDED AND RESTATED REGISTRATION AGREEMENT (this “First Amendment”) is entered into as of May 25, 2017, by and among Aurora Diagnostics Holdings, LLC, a Delaware limited liability company (the “Company”), the Majority Summit Investors and the Majority KRG Investors. Capitalized terms used but not defined herein have the meanings set forth in the Registration Agreement (as defined below).
SECOND AMENDMENT TO THE AMENDED AND RESTATED MANAGEMENT SERVICES AGREEMENTManagement Services Agreement • May 26th, 2017 • Aurora Diagnostics Holdings LLC • Services-medical laboratories • Delaware
THIS SECOND AMENDMENT TO THE AMENDED AND RESTATED MANAGEMENT SERVICES AGREEMENT (this “Second Amendment”) is entered into as of May 25, 2017, by and among Aurora Diagnostics, LLC, a Delaware limited liability company (the “Company”), Summit Partners, L.P., a Delaware limited partnership (“Summit”), and KRG Capital Management, L.P., a Delaware limited partnership (“KRG”). Capitalized terms used but not defined herein have the meanings set forth in the Management Services Agreement (as defined below).
