AGREEMENT BY AND AMONG SECURED CREDITORSSecured Creditor Agreement • June 7th, 2007 • Paincare Holdings Inc • Services-misc health & allied services, nec • Maryland
This Agreement By and Among Secured Creditors (“Agreement”) is made effective as of May 21, 2007 (the “Effective Date”), by and among PainCare Holdings, Inc. (“PainCare”), PainCare Acquisition Company XV, Inc. (“PainCare Sub”) and PainCare Surgery Centers III, Inc. (“PainCare Surgery Centers”)(PainCare, PainCare Sub and PainCare Surgery Centers are hereinafter sometimes referred to as the “Sellers”) on the one hand, The Center for Pain Management, LLC (the “Original Practice”), The Center for Pain Management ASC, LLC (the “Original Surgery Center”) and the undersigned member physicians of the Original Practice (collectively, the “Members” together with the Original Practice and the Original Surgery Center are hereinafter sometimes referred to as the “Purchasers”), and HBK Investments L.P., a Delaware limited partnership (“HBK”), as the arranger and administrative agent for all the lenders to PainCare and certain of its subsidiaries under the Loan Documents (as defined below). Each of t
