FORM OF JOINDER AND WAIVER AGREEMENTJoinder and Waiver Agreement • December 17th, 2021 • Hudson Vegas Investment SPV, LLC • Services-health services
This JOINDER AND WAIVER AGREEMENT, dated as of November_, 2021 (this “Joinder and Waiver”), is delivered in connection with the transactions contemplated by the (i) Agreement and Plan of Merger by and among P3 Health Group Holdings, LLC, a Delaware limited liability company (the “Company”), Foresight Acquisition Corp., a Delaware corporation (including any successor thereto, “Foresight”), and FAC Merger Sub LLC, a Delaware limited liability company and wholly owned subsidiary of Foresight (including any successor thereto, “P3 LLC”), and (ii) a Transaction and Combination Agreement, by and among Foresight and the blocker parties thereto, including the merger of the Company with and into P3 LLC (the “P3 Merger”).
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. THE OMISSIONS HAVE BEEN INDICATED BY “[***].” JOINDER AND WAIVER AGREEMENTJoinder and Waiver Agreement • February 28th, 2023 • Phathom Pharmaceuticals, Inc. • Pharmaceutical preparations • New York
This JOINDER AND WAIVER AGREEMENT, dated as of October 31, 2022 (this “Joinder Agreement”), is entered into by and among Phathom Pharmaceuticals, Inc., a Delaware corporation (the “Company”), Hercules Capital, Inc. in its capacity as administrative agent and collateral agent for itself and the Lenders (as defined in the Hercules Loan Agreement) (the “Agent”), the Required Lenders (as defined in the Hercules Loan Agreement), CO Finance LVS XXXVII LLC, a Delaware limited liability company (the “Additional Investor”), and the other entities set forth on the signature pages hereto (the “Initial Investors”). All capitalized terms used but not defined herein shall have the respective meanings ascribed to them in the Financing Agreement (as defined below).
