the Act.
In addition, Borrowers shall (i) ensure
that no person who owns a controlling interest in or otherwise controls
Borrowers or any subsidiary of Borrowers is or shall
57
be listed on the Specially Designated Nationals and Blocked Person List or other
similar lists maintained by the Office of Foreign Assets Control ("OFAC"), the
Department of the Treasury, or included in any Executive Orders, (ii) not use or
permit the use of Loan Proceeds to violate any of the foreign asset control
regulations of OFAC or any enabling statute or Executive Order relating thereto,
and (iii) comply, and cause any of its subsidiaries to comply, with all
applicable Bank Secrecy Act laws and regulations, as amended.
[SIGNATURE PAGE(S) AND EXHIBIT(S),
IF ANY, FOLLOW THIS PAGE]
58
IN WITNESS WHEREOF, Borrowers and Lender have caused this Agreement to be
executed the day and year first above written.
ADK THOMASVILLE OPERATOR, LLC
ADK LUMBER CITY OPERATOR, LLC
ADK JEFFERSONVILLE OPERATOR, LLC
ADK LAGRANGE OPERATOR, LLC
ADK POWDER SPRINGS OPERATOR, LLC
ADK OCEANSIDE OPERATOR, LLC
ADK THUNDERBOLT OPERATOR, LLC
ADK SAVANNAH BEACH OPERATOR, LLC
ATTALLA NURSING ADK, LLC
MOUNTAIN TRACE NURSING ADK, LLC
MT. KENN NURSING, LLC
ERIN NURSING, LLC
CP NURSING, LLC
BENTON NURSING, LLC
VALLEY RIVER NURSING, LLC
PARK HERITAGE NURSING, LLC
HOMESTEAD NURSING, LLC
WOODLAND MANOR NURSING, LLC
MOUNTAIN VIEW NURSING, LLC
NORTHRIDGE HC&R NURSING, LLC
LITTLE ROCK HC&R NURSING, LLC
WOODLAND HILLS HC NURSING, LLC
APH&R NURSING, LLC
GLENVUE H&R NURSING, LLC
COOSA NURSING ADK, LLC
By
/s/ Christopher F. Brogdon
Christopher F. Brogdon, Manager of Each Borrower
THE PRIVATEBANK AND TRUST COMPANY
By
/s/ Amy K. Hallberg
Amy K. Hallberg, Managing Director
- AdCare Portfolio Operator Loan Agreement -
- Signature Page -