Effective Date.
SECTION 37. Withdrawal of Enforcement Notice. An Enforcement Notice, once given,
shall remain in effect unless and until (i) the Required Lenders notify the
Collateral Agent that they wish to withdraw such Enforcement Notice, (ii) no
monies have been applied to pay any Secured Obligations pursuant to Section 20
(except pursuant to clause first of subsection (a) thereof) as a result of such
Enforcement Notice and (iii) the Collateral Agent determines that the withdrawal
of such Enforcement Notice will not result in any liability or unreimbursed loss
to the Collateral Agent by reason of actions taken by it in reliance thereon.
50
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed by their respective authorized officers as of the day and year first
above written.
KINDRED HEALTHCARE, INC.
By:
Name:
Title:
JPMORGAN CHASE BANK, as Collateral Agent
By:
Name:
Title:
Subsidiary Guarantors:
ADVANCED INFUSION SYSTEMS, INC.
AMERICAN X-RAYS, INC.
CARIBBEAN BEHAVIORAL HEALTH SYSTEMS, INC.
COMMUNITY BEHAVIORAL HEALTH SYSTEM, INC.
COMMUNITY PSYCHIATRIC CENTERS PROPERTIES OF TEXAS, INC.
COMMUNITY PSYCHIATRIC CENTERS PROPERTIES OF UTAH, INC.
COURTLAND GARDENS HEALTH CENTER, INC.
CPC MANAGED CARE HEALTH SERVICES, INC.
FIRST REHAB, INC.
HELIAN ASC OF NORTHRIDGE, INC.
HELIAN HEALTH GROUP, INC.
HELIAN RECOVERY CORPORATION
HOMESTEAD HEALTH CENTER, INC.
HORIZON HEALTHCARE SERVICES, INC.
J. B. THOMAS HOSPITAL, INC.
KPS EAST, INC.
KPS MIDWEST, INC.
KPS MOUNTAIN, INC.
KPS SEATTLE, INC.
KPS WISCONSIN, INC.
KINDRED ACUTE PULMONARY EAST, INC.
KINDRED ACUTE PULMONARY WEST, INC.
KINDRED FACILITY SERVICES, INC.
KINDRED HEALTHCARE OPERATING, INC.
By:
Name:
Donald H. Robinson
Title:
Senior Vice President of Tax and
Treasurer
Subsidiary Guarantors (Continued):
KINDRED HEALTHCARE SERVICES, INC.
KINDRED HOLDINGS, L.L.C.
KINDRED HOME CARE SERVICES, INC.
KINDRED HOSPICE, INC.
KINDRED HOSPITAL PHARMACY SERVICES, INC.
KINDRED HOSPITALS EAST, L.L.C.
KINDRED HOSPITALS WEST, L.L.C.
KINDRED INSTITUTIONAL PHARMACY SERVICES, INC.
KINDRED INSURANCE HOLDINGS, INC.
KINDRED INVESTMENT COMPANY
KINDRED NEVADA, L.L.C.
KINDRED NURSING CENTERS EAST, L.L.C.
KINDRED NURSING CENTERS NORTH, L.L.C.
KINDRED NURSING CENTERS SOUTH, L.L.C.
KINDRED NURSING CENTERS WEST, L.L.C.
KINDRED PHARMACY SERVICES, INC.
KINDRED PULMONARY ILLINOIS, INC.
KINDRED REHAB SERVICES, INC.
KINDRED SUPPORT SERVICES, L.L.C.
KINDRED SYSTEMS, INC.
By:
Name:
Donald H. Robinson
Title:
Senior Vice President of Tax and
Treasurer
Subsidiary Guarantors (Continued):
LAFAYETTE HEALTH CARE CENTER, INC.
MEDEQUITIES, INC.
MEDISAVE OF TENNESSEE, INC.
PALO ALTO SURGECENTER CORPORATION
PERSONACARE LIVING CENTER OF CLEARWATER, INC.
PERSONACARE OF BRADENTON, INC.
PERSONACARE OF CLEARWATER, INC.
PERSONACARE OF CONNECTICUT, INC.
PERSONACARE OF GEORGIA, INC.
PERSONACARE OF HUNTSVILLE, INC.
PERSONACARE OF LITTLE ROCK, INC.
PERSONACARE OF OHIO, INC.
PERSONACARE OF OWENSBORO, INC.
PERSONACARE OF PENNSYLVANIA, INC.
PERSONACARE OF POMPANO EAST, INC.
PERSONACARE OF POMPANO WEST, INC.
PERSONACARE OF READING, INC.
PERSONACARE OF SAN ANTONIO, INC.
PERSONACARE OF SAN PEDRO, INC.
PERSONACARE OF SHREVEPORT, INC.
PERSONACARE OF ST. PETERSBURG, INC.
PERSONACARE OF WARNER ROBINS, INC.
PERSONACARE OF WISCONSIN, INC.
PERSONACARE PROPERTIES, INC.
By:
Name:
Donald H. Robinson
Title:
Senior Vice President of Tax and
Treasurer
Subsidiary Guarantors (Continued):
PRODATA SYSTEMS, INC.
RECOVERY INNS