Execution Date

Execution Date. Means the date this Settlement Agreement is fully executed by the Parties. 2

Execution Date. Means the date this Agreement and the Investment Agreement are signed by the Company and the Investor.

Execution Date. Shall mean the date all Transaction Documents are executed by the Company and Investor.

Execution Date. Means the latest to occur of (i) approval of this Agreement by the Committee, or (ii) execution of this Agreement by the Parties.

Execution Date. The 31st day of December, 2003

Execution Date. The 7th day of June, 2004

Execution Date. The 29th day of April, 2004

Execution Date. The 1st day of June, 2004

Execution Date. THIS MERGER AGREEMENT AND PLAN OF REORGANIZATION (the "Agreement") is made and entered into as of this 23rd day of December, 2003 (the "Execution Date") by and among PAINCARE HOLDINGS, INC., a Florida corporation ("PainCare"), PAINCARE ACQUISITION COMPANY VI, INC., a Florida corporation ("Subsidiary", and together with PainCare, the "Acquiring Companies"), SPINE AND PAIN CENTER, INC., a North Dakota corporation (the "Company"), and MICHAEL P. MARTIRE, M.D., an individual (the "Shareholder").

Execution Date. Means the date on which the Purchase Agreement is executed and delivered to each of the parties thereto.