Letter Agreement, dated April 8, 2020, between the U.S. Department of Justice and Practice Fusion, amending Exhibit A of the Civil Settlement Agreement dated January 26, 2020
U.S. Department of Justice
Civil Division
AJM:ECC:KCHauser
46-78-125617 ###-###-####
_____________________________________________________________________
Washington, DC 20530
April 8, 2020
By Email
Joshua Levy
Aaron Katz
Ropes & Gray, LLP
800 Boylston St
Boston, MA 02199
***@***
Re:Practice Fusion Settlement
Dear Counsel:
Practice Fusion, Inc., and its parent corporation Allscripts Healthcare, LLC (collectively “the Company”) has requested that the United States, through the United States Attorney’s Office for the District of Vermont and the Civil Division of the United States Department of Justice (collectively, “the Government”), agree to amend the Payment Schedule contained in Exhibit A to the Settlement Agreement between the Parties executed on January 26, 2020. The Company states that due to certain financial difficulties, it is necessary to adjust the schedule for remaining payments.
Accordingly, the Government agrees to amend Exhibit A as follows: Remaining payments under this Settlement Agreement will be made on the dates and in the amounts reflected in the revised payment schedule attached as Exhibit 1 to this letter agreement. All other payment terms, payment amounts, and schedules of the Settlement Agreement remain unchanged and in effect. All Settlement Documents shall remain in full force and effect. This agreement to amend this term of the Settlement Agreement does not purport to change any other provision, or term.
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If the Company agrees with this amendment, please countersign a copy of this letter and return it to me at your earliest convenience.
Regards,
/s/ Kelley C. Hauser
Kelley C. Hauser
Christelle Klovers
Trial Attorneys
U.S. DEPARTMENT OF JUSTICE
CIVIL DIVISION
cc:Owen Foster
Assistant United States Attorney
District of Vermont
Attachment
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On behalf of the United States:
DATED: 4/21/2020BY:
/s/ Owen Foster
OWEN FOSTER
Assistant United States Attorney
United States Attorney’s Office
District of Vermont
DATED: 4/21/2020BY: /s/ Kelly Hauser
KELLEY HAUSER
EDWARD CROOKE
Commercial Litigation Branch
Civil Division
United States Department of Justice
On behalf of Practice Fusion:
DATED: __4/08/2020BY:/s/ Eric L. Jacobson
ERIC L. JACOBSON, ESQ.
Secretary
Practice Fusion, Inc.
DATED: 4/20/2020BY: /s/ Joshua Levy
JOSHUA LEVY
AARON KATZ
PATRICK WELSH
Counsel for Practice Fusion, Inc.
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EXHIBIT A
Federal Settlement Amount Payment Schedule
Due Date | Payment |
Within 10 calendar days of the Effective Date of this Agreement | $28,343,738 plus accrued interest |
No later than three months after the Effective Date of this Agreement | $14,171,869 plus accrued interest |
No later than six months after the Effective Date of this Agreement | $14,171,869 plus accrued interest |
No later than nine months after the Effective Date of this Agreement | $28,343,738 plus accrued interest |
No later than twelve months after the Effective Date of this Agreement | $28,343,738 plus accrued interest |