AKUMIN INC.: going-concern / distress — Akumin emerges from Chapter 11; Stonepeak becomes 100% owner, old equity cancelled

On the Effective Date, certain holders of the Prepetition 2025 Senior Notes (as defined below) received new senior secured notes due 2027 (the “New 2027 Notes”) in an aggregate initial principal amount of $436.222 million issued by the Company and governed by that certain Indenture, dated February 6, 2024 by and among the Company, as issuer, the guarantors party thereto, as guarantors, and UMB Bank, National Association, as trustee and collateral agent (the “Trustee”), in respect of the issuance of the $436.222 million of aggregate principal amount of notes (the “New 2027 Notes Indenture”).

On the Effective Date, the Company, as borrower, the guarantors party thereto, as guarantors, the lenders party thereto, as lenders, and PNC Bank, National Association, as administrative and collateral agent (the “Agent”), entered into a certain Revolving Credit Agreement (the “New RCF Exit Facility Agreement”) which is comprised of a revolving credit facility in an aggregate principal amount of $55 million (the “New RCF Exit Facility”).

On the Effective Date, certain holders of the Prepetition 2028 Senior Notes (as defined below) received new senior secured notes due 2028 (the “New 2028 Notes”) in an aggregate initial principal amount of $354.583 million issued by the Company and governed by that certain Indenture, dated February 6, 2024 by and among the Company, as issuer, the guarantors party thereto, as guarantors, and the Trustee, as trustee and collateral agent, in respect of the issuance of the $354.583 million of aggregate principal amount of notes (the “New 2028 Notes Indenture”).

As set forth above, on November 30, 2023, the Bankruptcy Court entered the Confirmation Order, which confirmed the Prepackaged Plan.

Graham Brown, James Wyper, and Bill Theofilou have been appointed to the Board.

Graham Brown, James Wyper, and Bill Theofilou have been appointed to the Board.

Graham Brown, James Wyper, and Bill Theofilou have been appointed to the Board.

(ii) Stonepeak Magnet Holdings LP, a Delaware limited partnership (“Stonepeak”); (iii) certain Consenting 2025 Noteholders (as defined in the RSA); (iv) certain Consenting 2028 Noteholders (as defined in the RSA) (together with the Consenting 2025 Noteholders, the “Consenting Noteholders”); (v) certain Consenting RCF Lenders (as defined in the RSA); (vi) certain Consenting Equityholders (as defined in the RSA); (vii) certain Consenting Non-Debtor Hospital Partner Entities (as defined in the RSA); and (viii) certain Consenting Physician-Owned Entities (as defined in the RSA, and collectively with Stonepeak, the Consenting Noteholders, the Consenting RCF Lenders, the Consenting Equityholders and the Consenting Non-Debtor Partner Entities, the “Consenting Stakeholders”).

On the Effective Date, pursuant to the Prepackaged Plan, the Company entered into a certain Contingent Value Rights Agreement, dated as of February 6, 2024, by and among the Company, Stonepeak, and Continental Stock Transfer & Trust, a federally chartered trust company (the "CVR Agent"), as agent (the "CVR Agreement").

On the Effective Date, the Company, as borrower, the guarantors party thereto, as guarantors, the lenders party thereto, as lenders, and PNC Bank, National Association, as administrative and collateral agent (the "Agent"), entered into a certain Revolving Credit Agreement (the "New RCF Exit Facility Agreement") which is comprised of a revolving credit facility in an aggregate principal amount of $55 million (the "New RCF Exit Facility").

On the Effective Date, certain holders of the Prepetition 2028 Senior Notes (as defined below) received new senior secured notes due 2028 (the "New 2028 Notes") in an aggregate initial principal amount of $354.583 million issued by the Company and governed by that certain Indenture, dated February 6, 2024 by and among the Company, as issuer, the guarantors party thereto, as guarantors, and the Trustee, as trustee and collateral agent, in respect of the issuance of the $354.583 million of aggregate principal amount of notes (the "New 2028 Notes Indenture").

On the Effective Date, by operation of the Prepackaged Plan, all agreements, instruments, and other documents evidencing, relating to or connected with any equity interests of the Company, including the

On the Effective Date, certain holders of the Prepetition 2025 Senior Notes (as defined below) received new senior secured notes due 2027 (the "New 2027 Notes") in an aggregate initial principal amount of $436.222 million issued by the Company and governed by that certain Indenture, dated February 6, 2024 by and among the Company, as issuer, the guarantors party thereto, as guarantors, and UMB Bank, National Association, as trustee and collateral agent (the "Trustee"), in respect of the issuance of the $436.222 million of aggregate principal amount of notes (the "New 2027 Notes Indenture").