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FIRST AMENDMENT FORBEARANCE AGREEMENT

Default Notice Forbearance Agreement

FIRST AMENDMENT FORBEARANCE AGREEMENT | Document Parties: CURATIVE HEALTH SERVICES INC | EBIOCARE.COM, INC.,  | APEX THERAPEUTIC CARE, INC., You are currently viewing:
This Default Notice Forbearance Agreement involves

CURATIVE HEALTH SERVICES INC | EBIOCARE.COM, INC., | APEX THERAPEUTIC CARE, INC.,

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Title: FIRST AMENDMENT FORBEARANCE AGREEMENT
Governing Law: New York     Date: 1/4/2006
Industry: Healthcare Facilities     Sector: Healthcare

FIRST AMENDMENT FORBEARANCE AGREEMENT, Parties: curative health services inc , ebiocare.com  inc.   , apex therapeutic care  inc.
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Exhibit 10.1

 

FIRST AMENDMENT FORBEARANCE AGREEMENT

 

THIS FIRST AMENDMENT TO THE FORBEARANCE AGREEMENT (this “ Amendment ), dated as of December 23, 2005, is entered into among CURATIVE HEALTH SERVICES, INC. , a Minnesota corporation formerly known as Curative Holding Co. (“ Holdings ”), EBIOCARE.COM, INC. , a Delaware corporation (“ eBioCare ), HEMOPHILIA ACCESS, INC. , a Tennessee corporation (“ Hemophilia Access ”), APEX THERAPEUTIC CARE, INC. , a California corporation (“ Apex ”), CHS SERVICES, INC. , a Delaware corporation (“ CHS ”), CURATIVE HEALTH SERVICES OF NEW YORK, INC. , a New York corporation (“ CHSNY ”), OPTIMAL CARE PLUS, INC. , a Delaware corporation (“ Optimal Care ”),  INFINITY INFUSION, LLC , a Delaware limited liability company (“ Infinity ”), INFINITY INFUSION II, LLC , a Delaware limited liability company (“ Infinity II ”), INFINITY INFUSION CARE, LTD. , a Texas limited partnership (“ Infinity Infusion ”), MEDCARE, INC. , a Delaware corporation (“ Medcare ”), CURATIVE PHARMACY SERVICES, INC. , a Delaware corporation (“ CPS ”), CURATIVE HEALTH SERVICES CO. , a Minnesota corporation formerly known as Curative Health Services, Inc. (“ CHSC ”), CRITICAL CARE SYSTEMS, INC. , a Delaware corporation (“ CCS ”) (Holdings, eBioCare, Hemophilia Access, Apex, CHS, CHSNY, Optimal Care, Infinity, Infinity II, Infinity Infusion, Medcare, CPS, CHSC and CCS are sometimes collectively referred to herein as the “ Borrowers ”nd individually as a “ Borrower ”), CURATIVE HEALTH SERVICES III CO. (“ Guarantor ”) Minnesota corporation, and GENERAL ELECTRIC CAPITAL CORPORATION , a Delaware corporation (“ GE Capital ”), as Agent and Lender.

 

RECITALS:

 

A. Pursuant to that certain Forbearance Agreement dated December 1, 2005 by and between Borrowers and GE Capital (the “ Forbearance Agreemen t ”), GE Capital agreed to forbear on certain of its rights and obligations under an Amended and Restated Credit Agreement, dated April 23, 2004, as amended by (i) that certain First Amendment to Amended and Restated Credit Agreement and Collateral Documents dated as of May 3, 2004, (ii) that certain Second Amendment to Amended and Restated Credit Agreement dated as of June 30, 2004, (iii) that certain Third Amendment to Amended and Restated Credit Agreement dated as of October 20, 2004 and (iv) that certain Fourth Amendment to Amended and Restated Credit Agreement dated as of December 31, 2004 (as so amended, the “ Credit Agreement ”);

 

B. The parties hereto have agreed to amend certain terms of the Forbearance Agreement upon the terms and conditions and other requirements set forth herein.

 

NOW, THEREFORE, in consideration of the foregoing, the terms and conditions set forth in this Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GE Capital, the Borrowers and Guarantor agree as follows:

 

1.   Definitions Unless otherwise defined herein, all capitalized terms herein shall have the meanings assigned to such terms in the Forbearance Agreement.

 

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2.   Confirmation of Representation and Warranties The Borrowers and Guarantor hereby confirm that all of the representations and warranties set forth in the Forbearance Agreement are true and correct with respect to such Borrower.

 

3.   Enforceability : This Amendment constitutes the legal, valid and binding obligation of the Borrowers and Guarantor, and is enforceable against Borrowers and Guarantor according to its terms.

 

4.   Effective Date : This Amendment shall be effec


 
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