SUPPLEMENTAL AGREEMENTSupplemental Agreement • January 3rd, 2007 • Paincare Holdings Inc • Services-misc health & allied services, nec
SUPPLEMENTAL AGREEMENT, dated as of December 5, 2006 (the “Agreement”), by and among MARK H. COLEMAN, M.D., PRABAAL DEY, M.D., MARC A. LOEV, M.D. and LESTER A. ZUCKERMAN, M.D. (such individuals being collectively referred to as the “Members”), CENTER FOR PAIN MANAGEMENT ASC, LLC, a Maryland limited liability company (the “Company”), PAINCARE HOLDINGS, INC., a Florida corporation (“PainCare”), and its wholly-owned subsidiary, PAINCARE SURGERY CENTERS III, INC., a Florida corporation (the “Subsidiary”).
FORBEARANCE AGREEMENTForbearance Agreement • January 3rd, 2007 • Paincare Holdings Inc • Services-misc health & allied services, nec • New York
THIS FORBEARANCE AGREEMENT (this “Agreement”), dated as of January 1, 2007, is entered into by and among the Lenders signatory hereto, HBK INVESTMENTS L.P., a Delaware limited partnership, as the arranger and administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), PAINCARE HOLDINGS, INC., a Florida corporation (“Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, are referred to hereinafter each individually as a “Loan Party”, and individually and collectively, jointly and severally, as the “Loan Parties”). Terms used herein without definition shall have the meanings ascribed to them in the Loan Agreement defined below.
SETTLEMENT AND RESCISSION AGREEMENT AND MUTUAL RELEASESettlement Agreement • January 3rd, 2007 • Paincare Holdings Inc • Services-misc health & allied services, nec • Colorado
This Settlement and Rescission Agreement and Mutual Release (“Settlement Agreement”) is entered into as of December 11, 2006, by and between PainCare Holdings, Inc. (“PainCare”) and PainCare Neuromonitoring I, Inc. (“PainCare Sub” and together with PainCare, the “PainCare Parties”) on one hand, and Bruce Lockwood, M.D. (“Lockwood”), John D. Bender, D.O. (“Bender”), and Richard A. Flores (“Flores”). Collectively, Lockwood, Bender and Flores will be referred to as the “PhysIOM Parties” and the PainCare Parties and the PhysIOM Parties will be referred to as the “Parties”).
