of the Subordinated Lender is required under the SIA (other than with
respect to the amendment which is the subject of clause (b) above) or otherwise
in connection with any of the transactions which were contemplated by or a
subject of this Eighth Amendment (but that if any such consent is/was required,
the Subordinated Lender hereby agrees that such consent is hereby given).
9.
This Eighth Amendment is dated for convenience as of December 5,
2008 and shall be effective on the date of execution by the Bank.
10.
Except as hereby amended, the Amended and Restated Loan Agreement is
in all respects ratified and confirmed.
IN WITNESS WHEREOF, the parties hereto have caused this Eighth Amendment to be
executed by their duly authorized officers as of the date first written above.
Borrower:
NY HYPERBARIC, LLC
FOREST HILLS HYPERBARIC, LLC
SCRANTON HYPERBARIC LLC
JFK HYPERBARIC LLC
TRENTON HYPERBARIC, LLC
NEWARK BI LLC
PASSAIC HYPERBARIC, LLC
ST JOSEPHS HYPERBARIC LLC
GREATER BRONX HYPERBARIC LLC
(f/k/a MONTEFIORE HYPERBARIC LLC)
ELISE KING, LLC
SOUTH NASSAU HYPERBARIC LLC
NEW YORK HYPERBARIC AND
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WOUND CARE CENTERS LLC (DEL)
NEW YORK HYPERBARIC AND
WOUND CARE CENTERS, L.L.C. (N.Y.)
VB HYPERBARIC, LLC
EIN HYPERBARIC LLC
MAIMONIDES HYPERBARIC, LLC
THE SQUARE HYPERBARIC, LLC
SOUTH N HYPERBARIC LLC
MUHLENBERG HYPERBARIC LLC
LOWELL HYPERBARIC LLC
THE CENTER FOR WOUND HEALING I, LLC
(f/k/a MODERN MEDICAL, LLC)
THE CENTER FOR WOUND HEALING II, LLC
(f/k/a MODERN MEDICAL SPECIALTIES, LLC)
NJ HYPERBARIC, LLC
FAR ROCKAWAY HYPERBARIC, LLC
ATLANTIC HYPERBARIC, LLC
ATLANTIC ASSOCIATES, LLC
CEF PRODUCTS, LLC
CMC HYPERBARIC, LLC
PENNSYLVANIA HYPERBARIC, LLC
HYPERBARIC, LLC
(a/k/a MASSACHUSETTS HYPERBARIC, LLC)
BAYONNE HYPERBARIC, LLC,
RARITAN BAY HYPERBARIC, LLC,
CFWH MEZZANINE, LLC,
SOUTH OCEAN COUNTY HYPERBARIC, LLC
By their managers/members
THE CENTER FOR WOUND HEALING, INC.
By:
/s/ Andrew G. Barnett
Andrew G. Barnett
Chief Executive Officer
THE CENTER FOR WOUND HEALING, INC.
By:
/s/ Andrew G. Barnett
Andrew G. Barnett
Chief Executive Officer
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Bank:
SIGNATURE BANK
By:
/s/ Morey Danon
Morey Danon
Senior Vice President
THE UNDERSIGNED HEREBY AGREES TO THE PROVISIONS OF SECTION 8(H) OF THIS EIGHTH
AMENDMENT AND AFFIRMS/RE-AFFIRMS ITS OBLIGATIONS, AFTER GIVING EFFECT TO THIS
EIGHTH AMENDMENT, UNDER THE SIA WHICH IS THE SUBJECT OF SUCH SECTION.
BISON CAPITAL EQUITY PARTNERS II-A, L.P.
a Delaware limited partnership
By:
/s/ Louis Bissette
Louis Bissette
Managing Member
BISON CAPITAL EQUITY PARTNERS II-B, L.P.
a Delaware limited partnership
By:
/s/ Louis Bissette
Louis Bissette
Managing Member
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