of which when so executed and delivered shall be
deemed an original, but all such counterparts together shall constitute but one
and the same instrument; signature pages may be detached from multiple separate
counterparts and attached to a single counterpart so that all signature pages
are physically attached to the
INCREASED COMMITMENT SUPPLEMENT, Page 3
same document. This Supplement (other than the provisions of Sections 1 and 2
hereof, the effectiveness of which is governed by Section 4 hereof) shall become
effective upon the execution of a counterpart hereof by Borrower, Parent, the
Banks and receipt by Borrower and the Agent of written or telephonic
notification of such execution and authorization of delivery thereof.
Section 10. ENTIRE AGREEMENT. THIS SUPPLEMENT AND ALL OTHER INSTRUMENTS,
DOCUMENTS AND AGREEMENTS EXECUTED AND DELIVERED IN CONNECTION WITH THIS
SUPPLEMENT EMBODY THE FINAL, ENTIRE AGREEMENT AMONG THE PARTIES HERETO AND
SUPERSEDE ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS AND
UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THIS SUPPLEMENT, AND MAY
NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR
SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES HERETO. THERE ARE NO
ORAL AGREEMENTS AMONG THE PARTIES HERETO.
Section 11. Survival. All representations and warranties made in this Supplement
or any other Loan Document including any Loan Document furnished in connection
with this Supplement shall survive the execution and delivery of this Supplement
and the other Loan Documents, and no investigation by Agent or any Bank or any
closing shall affect the representations and warranties or the right of Agent or
any Bank to rely upon them.
IN WITNESS WHEREOF, the parties hereto have caused this Supplement to be duly
executed and delivered by their respective officers thereunto duly authorized as
of the date first written above.
HORIZON HEALTH CORPORATION
HORIZON MENTAL HEALTH MANAGEMENT,
INC.
By:
Name:
Title:
JPMORGAN CHASE BANK, N.A. (formerly known as JPMorgan Chase Bank who was the
successor in interest by merger to The Chase Manhattan Bank, who was successor
in interest by merger to the Chase Bank of Texas, National Association who was
formerly know as Texas Commerce Bank National Association), individually as a
Bank and as Agent
By:
Name:
Title:
INCREASED COMMITMENT SUPPLEMENT, Page 4
New Total Revolving Commitment:
[BANK],
$
By:
Name:
Title:
New Total Revolving Commitment:
[NEW BANK],
$
By:
Name:
Title:
INCREASED COMMITMENT SUPPLEMENT, Page 5
EXHIBIT E
TO
HORIZON HEALTH CORPORATION
THIRD AMENDED AND RESTATED CREDIT AGREEMENT
Loan Change Notice
EXHIBIT E, Cover Page
LOAN CHANGE NOTICE
JPMorgan Chase Bank, N.A., as Agent
2200 Ross Avenue
5th Floor
Dallas, Texas 75201
Ladies and Gentlemen:
This Loan Change Notice (the "Notice") is being delivered pursuant to Section
4.3 of that certain Third Amended and Restated Credit Agreement (as amended, the
"Agreement") dated as of June 10, 2005, among the Horizon Health Corporation
("Parent"), Horizon Mental Health Management, Inc. ("Borrower"), the banks and
lending institutions named therein (the "Banks"), and JPMorgan Chase Bank, N.A.,
as agent for the Banks ("Agent"). All capitalized