Unassociated Document


    Exhibit 10.30


    AMENDMENT
NO. 6

     

    Amendment
No. 6, dated as of April 6, 2009 (“Amendment No. 6”),
by and among LIFEPOINT HOSPITALS, INC. (formerly known as LAKERS HOLDING CORP.),
a Delaware corporation (“Borrower”), the
Lenders party hereto, CITICORP NORTH AMERICA, INC., as administrative agent for
the Lenders (the “Administrative Agent”),
and BANK OF AMERICA, N.A., as Issuing Bank, to the Credit Agreement dated
as of April 15, 2005 (as amended, amended and restated, supplemented or
otherwise modified from time to time, the “Credit Agreement”),
among Borrower, the financial institutions listed on Schedule 2.01
thereto, as such Schedule may from time to time be supplemented and amended (the
“Lenders”), the
Administrative Agent, CIBC WORLD MARKETS CORP., BANK OF AMERICA, N.A., UBS
SECURITIES LLC and SUNTRUST BANK, as co-syndication agents, and CITIGROUP GLOBAL
MARKETS INC., as sole lead arranger and sole bookrunner. Terms used herein
without definition shall have the meanings assigned to such terms in the Credit
Agreement.

     

    WHEREAS,
Borrower has requested that the Administrative Agent and the Req­uisite
Lenders amend the Credit Agreement as set forth herein; and

     

    WHEREAS,
the Administrative Agent and the Requisite Lenders have considered and agreed to
Borrower’s request, upon the terms and conditions set forth in this Amendment
No. 6.

     

    NOW,
THEREFORE:

     

    SECTION
1. Amendments.

     

    (a)           Amendment to Section 1.01.
Defined Terms.

     

    The
following defined terms shall be added to Section 1.01 of the Credit
Agree­ment in appropriate alphabetical order:

     

    “Doctors’ Hospital of
Opelousas Sale” has the meaning assigned to such term in Section
6.04(xx).

     

    “Opelousas Note” has
the meaning assigned to such term in Section 6.04(xx).

     

    (b)           Amendments to Section 6.04.
Investments, Loans, Advances, Guarantees and
Acquisitions.

     

    Section
6.04 of the Credit Agreement is hereby amended by:

     

    (i)           deleting
“and” immediately following clause (xviii) therein; and

     

    (ii)           adding
the following immediately preceding the period therein:

     

    “; and
(xx) Investments consisting of a note (the “Opelousas Note”)
received as part of the consideration for the sale of the acute care
facility known as the Doctors' Hospital of Opelousas,
located at 3983 I-49 South Service Road, Opelousas, Louisiana (the “Doctors’ Hospi­tal of Opelousas Sale”)
in compliance with Section 6.05(xiv)”

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    

     

    (c)           Amendment to Section 6.05.
Asset Sales.

     

    Section
6.05(xiv) of the Credit Agreement is hereby amended by adding the fol­lowing
immediately preceding the period therein:

     

    “(provided that,
notwithstanding such 80% cash consideration requirement, the Doctors’ Hospital
of Opelousas Sale shall be permitted so long as such sale is for no more than
$15.0 million, for fair value, and for at least 25% cash consideration, and so
long as an amount of cash equal to the aggregate of all cash and non-cash
consideration of such sale are applied on or prior to the fifth Business Day
after receipt thereof (which date of receipt shall be no later than June 15,
2009) toward prepayment of the Term B Loans in accordance with Sections 2.05(c)
and 2.05(e) (without any reinvestment option; for the avoidance of doubt, upon
such application of such amount, no Loan Party shall have any further obligation
to apply payments received on the Opelousas Note toward prepayment of any
Loans)”

     

    SECTION
2. Representations,
Warranties and Covenants. The Loan Parties rep­resent, warrant and
covenant that:

     

    (a)            this
Amendment No. 6 has been duly authorized, executed and delivered by them and
constitutes a legal, valid and binding obligation of each Loan Party party
hereto, enforceable against such Loan Party in accordance with its
terms;

     

    (b)            after
giving effect to this Amendment No. 6, the representations and war­ranties
set forth in Article III of the Credit Agreement and the other Loan Documents
will be true and correct with the same effect as if made on and as of the date
hereof (unless expressly stated to relate to an earlier date, in which case such
representations and war­ranties shall be true and correct as of such earlier
date); and

     

    (c)          
no Default or Event of Default has occurred and is continuing.

     

    SECTION
3. Conditions to
Effectiveness. This Amendment No. 6 shall become effective
when:

     

    (a)            the
Administrative Agent shall have received counterparts of this Amendment No. 6
that, when taken together, bear the signatures of Lenders constituting the
Requisite Lenders and the Loan Parties;

     

    (b)            all
corporate and other proceedings taken or to be taken in connection with this
Amendment No. 6 and all documents incidental thereto, whether or not referred to
herein, shall be reasonably satisfactory in form and substance to the
Administrative Agent; and

     

    (c)            all
fees and expenses required to be paid or reimbursed by Borrower pursuant to
the Credit Agreement, including all invoiced fees and expenses of counsel to the
Administrative
Agent, shall have been paid or reimbursed, on or prior to effectiveness as
applicable.

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    

     

    SECTION
4. Applicable
Law. THIS AMENDMENT NO.
6 SHALL BE CONSTRUED IN
ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. SECTION 9.11 OF
THE CREDIT AGREEMENT SHALL APPLY TO THIS AMENDMENT NO.
6.

     

    SECTION
5. Credit Agreement;
Loan Document. Except as expressly set forth herein, this Amendment No. 6
shall not by implication or otherwise limit, impair, constitute a waiver of, or
otherwise affect the rights and remedies of any party under, the Credit
Agreement, nor alter, modify, amend or in any way affect any of the terms,
conditions, obligations, covenants or agreements contained in the Credit
Agreement, all of which are ratified and affirmed in all respects and shall
continue in full force and effect. For the avoidance of doubt, this Amendment
No. 6 shall be deemed to be a “Loan Document” within the meaning of the Credit
Agreement.

     

    SECTION
6. Counterparts.
This Amendment No. 6 may be executed in two or more counterparts, each of
which shall constitute an original, but all of which when taken to­gether
shall constitute but one agreement. Delivery of an executed counterpart of a
signature page of this Amendment No. 6 by facsimile transmission shall be as
effective as delivery of a manually executed counterpart of this Amendment No.
6.

     

    SECTION
7. Roles.
Citigroup Global Markets Inc. shall act in the capacity as Sole Lead
Arranger and Sole Bookrunner with respect to this Amendment No. 6, but in such
ca­pacities shall not have any obligations, duties or responsibilities, nor
shall incur any liabilities, under this Amendment No. 6 or any other Loan
Document.

     

    [Signature
Pages Follow]

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    

     

    IN
WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 to be duly
executed by their authorized officers as of the date set forth
above.

    
      
        	 	
                LIFEPOINT
      HOSPITALS, INC.

              	 
	 	 	 	 
	 	By:	
                /s/
      David M. Dill

              	 
	 	 	Name: David M.
      Dill	 
	 	 	Title:
      COO and CFO	 
	 	 	 	 
	 	
                EACH
      OF THE SUBSIDIARIES LISTED ON
      SCHEDULE I HERETO (other than LifePoint Asset Management Company,
      Inc.)

              	 
	 	 	 	 
	 	 	 	 
	 	
                By:

              	
                /s/ Mary Kim
      Shipp

              	 
	 	 	Name:
      Mary Kim Shipp	 
	 	 	Title:
      Secretary	 
	 	 	 	 
	 	 	 	 
	 	
                LIFEPOINT ASSET MANAGEMENT
      COMPANY, INC.

              	 
	 	 	 	 
	 	By: 	
                /s/ Mary Kim
      Shipp

              	 
	 	 	Name: Mary Kim Shipp	 
	 	 	Title: Asst. Secretary	 


      

    

     

    
      
        
        

      

      
        
          [Amendment
No. 6]

        

        
          

        

      

      
        
        

      

    

     

    
      
        	 CONSENTED
      TO:	 	 	 	 
	 	 	 	 	 	 
	CITICORP
      NORTH AMERICA, INC., 
    as Administrative
      Agent	 	 	 	 
	 	 	 	 	 	 
	 	 	 	 	 	 
	By: 	
                /s/ Allen
      Fisher

              	 	By: 	
                
                  /s/ Allen
      Fisher

                

              	 
	 	
                Name:
      Allen Fisher 

              	 	 	
                
                  Name:
      Allen Fisher

                

              	 
	 	
                Title:
      Vice President

              	 	 	
                
                  Title:
      Vice President

                

              	 


      

    

    
       

      
        
          
          

        

        
          
            [Amendment
No. 6]

          

          
            

          

        

        
          
          

        

      

       

    

    SCHEDULE
I

     

    GUARANTORS

     

    Acadian
Physician Practices, LLC 

    America
Management Companies, LLC 

    AMG-Crockett,
LLC

    AMG-Hilcrest,
LLC

    AMG-Hillside,
LLC

    AMG-Livingston,
LLC

    AMG-Logan,
LLC

    AMG-Southern
Tennessee, LLC 

    AMG-Trinity,
LLC

    Andalusia
Physician Practices, LLC 

    Ashland
Physician Services, LLC 

    Ashley
Valley Medical Center, LLC 

    Ashley
Valley Physician Practice, LLC 

    Athens
Physicians Practice, LLC 

    Athens
Regional Medical Center, LLC 

    Barrow
Medical Center, LLC

    Bartow
General Partner, LLC

    Bartow
Healthcare System, Ltd.

    Bartow
Memorial Limited Partner, LLC 

    Bolivar
Physician Practices, LLC 

    Bourbon
Community Hospital, LLC 

    Bourbon
Physician Practice, LLC 

    Brim
Hospitals, Inc.

    Buffalo
Trace Radiation Oncology Associates, LLC

    Bullitt
County Hospital, LLC

    Care
Health Company, Inc.

    Castleview
Hospital, LLC

    Castleview
Medical, LLC

    Castleview
Physician Practice, LLC

    Clinch
Professional Physician Services, LLC 

    Clinch
Valley Endocrinology, LLC 

    Clinch
Valley Medical Center, Inc. 

    Clinch
Valley Pulmonology, LLC 

    Clinch
Valley Urology, LLC

    Colorado
Plains Physician Practices, LLC 

    Community-Based
Services, LLC 

    Community
Hospital of Andalusia, Inc. 

    Community
Medical, LLC

    Crockett
Hospital, LLC

    Crockett
PHO, LLC

     

    
      
        
        

      

      
        
        

        
          

        

      

      
        
        

      

    

     

    Danville
Diagnostic Imaging Center, LLC 

    Danville
Physician Practices, LLC 

    Danville
Regional Medical Center, LLC 

      
         

        
          
            
            

          

          
            
              [Amendment
No. 6]

            

            
              

            

          

          
            
            

          

        

         

      

    

    Danville
Regional Medical Center School of Health Professions, LLC

    Dodge
City ASC, LLC

    Dodge
City Healthcare Group, LLC

    Dodge
City Healthcare Partner, Inc.

    Eunice
Community Medical Center, LLC

    Georgetown
Community Hospital, LLC

    Georgetown
Rehabilitation, LLC

    Guyan
Valley Hospital, LLC 

    Halstead
Hospital, LLC 

    HCK Logan
Memorial, LLC 

    HDP
Andalusia, LLC 

    HDP
Georgetown, LLC 

    Hillside
Hospital, LLC

    Historic
LifePoint Hospitals, Inc.

    HRMC,
LLC

    HST
Physician Practice, LLC

    HTI
Georgetown, LLC 

    HTI
PineLake, LLC

    Integrated
Physician Services, LLC

    Kansas
Healthcare Management Company, Inc.

    Kansas
Healthcare Management Services, LLC

    Kentucky
Hospital, LLC 

    Kentucky
Medserv, LLC 

    Kentucky
MSO, LLC

    Kentucky
Physician Services, Inc.

    Lake
Cumberland Physician Practices, LLC

    Lake
Cumberland Regional Hospital, LLC

    Lake
Cumberland Regional Physician Hospital Organization, LLC 

    Lakeland
Community Hospital, LLC

    Lakeland
Physician Practices, LLC

    Lander
Valley Medical Center, LLC

    Lander
Valley Physician Practices, LLC

    Las
Cruces Physician Practices, LLC

    LHSC,
LLC

    LifePoint
Acquisition Corp.

    LifePoint
Asset Management Company, Inc.

    LifePoint
Billing Services, LLC

    LifePoint
Corporate Services, General Partnership

    LifePoint
CSGP, LLC 

    LifePoint
CSLP, LLC 

    LifePoint
Holdings 2, LLC 

    Lifepoint
Holdings 3, Inc. 

    LifePoint
Hospitals Holdings, Inc.

    LifePoint
Medical Group - Hillside, Inc

    LifePoint
of GAGP, LLC

    LifePoint
of Georgia, Limited Partnership


    
      
         


      

      
         


        
          

        

      

      
         


      

    


    LifePoint
of Kentucky, LLC 

    LifePoint
of Lake Cumberland, LLC

    LifePoint
RC, Inc.

    LifePoint
VA Holdings, Inc. 

    LifePoint
WV Holdings, Inc. 

    Livingston
Regional Hospital, LLC

    Logan
General Hospital, LLC

    Logan
Healthcare Partner, LLC

    Logan
Medical, LLC

    Logan
Memorial Hospital, LLC

    Logan
Physician Practice, LLC

    Los
Alamos Physician Practices, LLC 

    Martinsville
Physician Practices, LLC 

    Meadowview
Physician Practice, LLC 

    Meadowview
Regional Medical Center, LLC 

    Meadowview
Rights, LLC

    Mexia
Principal Healthcare Limited Partnership

    Mexia-Principal,
Inc.

    Northeastern
Nevada Physician Practices, LLC 

    Northwest
Medical Center-Winfield, LLC 

    NWMC-Winfield
Physician Practices, LLC 

    Opelousas
Imaging Center Partners, LLC 

    Outpatient
Services, Inc. 

    Orthopedics
of Southwest Virginia, LLC 

    Palestine-Principal
G.P., Inc.

    PHC
Hospitals, LLC

    PHC-Ashland.
L.P.

    PHC-Aviation,
Inc.

    PHC-Belle
Glade, Inc. 

    PHC-Charlestown,
L.P. 

    PHC-Cleveland,
Inc. 

    PHC-Doctors’
Hospital, Inc. 

    PHC-Elko,
Inc.

    PHC-Eunice,
Inc.

    PHC-Fort
Mohave, Inc. 

    PHC-Fort
Morgan, Inc. 

    PHC-Indiana,
Inc.

    PHC-Knox,
Inc.

    PHC-Lake
Havasu, Inc. 

    PHC-Lakewood,
Inc. 

    PHC-Las
Cruces, Inc. 

    PHC-Los
Alamos, Inc. 

    PHC-Louisiana,
Inc. 

    PHC-Martinsville,
Inc. 

    PHC-Minden
G.P., Inc. 

    PHC-Minden,
L.P.


    
      
         


      

      
         


        
          

        

      

      
         


      

    


    PHC-Morgan
City, L.P.

    PHC-Morgan
Lake, Inc.

    PHC-Opelousas,
L.P.

    PHC-Palestine,
Inc.

    PHC-Selma,
LLC

    PHC-Tennessee,
Inc.

    PineLake
Physician Practice, LLC 

    PineLake
Regional Hospital, LLC

    Poitras
Practice, LLC

    PRHC-Alabama,
LLC

    PRHC-Ennis
G.P., Inc.

    PRHC-Ennis,
L.P.

    Principal
Hospital Company of Nevada, Inc. 

    Principal
Knox, L.L.C.

    Principal
Knox, L.P.

    Principal-Needles,
Inc.

    Province
Healthcare Company

    Putnam
Ambulatory Surgery Center, LLC

    Putnam
Community Medical Center, LLC

    Putnam
Physician Practices, LLC

    R.
Kendall Brown Practice, LLC

    Raleigh
General Hospital, LLC

    River
Parishes Holdings, LLC

    River
Parishes Hospital, LLC

    River
Parishes Partner, LLC

    River
Parishes Physician Practices, LLC 

    Riverton
Memorial Hospital, LLC 

    Riverton
Oncology Practice, LLC

    Riverton
Physician Practices, LLC 

    Riverview
Medical Center, LLC

    Rockdale
Hospital, LLC

    Russellville
Hospital, LLC

    Russellville
Physician Practices, LLC 

    Select
Healthcare, LLC

    Selma
Diagnostic Imaging, LLC

    Siletchnik
Practice, LLC

    Smith
County Memorial Hospital, LLC 

    Somerset
Surgery Partner, LLC

    Southern
Tennessee EMS, LLC

    Southern
Tennessee Medical Center, LLC 

    Southern
Tennessee PHO, LLC

    Spring
View Hospital, LLC

    Spring
View Physician Practices, LLC 

    Springhill
Medical Center, LLC

    Starke
Physician Practices, LLC

    Texas
Specialty Physicians


    
      
         


      

      
         


        
          

        

      

      
         


      

    


    The MRI
Center of Northwest Alabama, LLC

    THM
Physician Practice, LLC

    Valley
View Physician Practices, LLC

    Vaughan
Physician Practices, LLC

    Ville
Platte Medical Center, LLC

    Ville
Platte Physician Practices, LLC

    West
Virginia Management Services Organization, Inc.

    Western
Plains Physician Practices, LLC

    Western
Plains Regional Hospital, LLC

    Woodford
Hospital, LLC

    Wyoming
Holdings, LLC

    Wythe
County Community Hospital, LLC

    Wythe
County Physician Practices, LLC

    Zone,
Incorporated