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EXHIBIT 10.6
(Xxxxx Xxxx)
AMENDMENT TO PROMISSORY NOTE
(Extending Term)
This Amendment to Promissory Note (this "Amendment") is executed this
30th day of November, 1999, by DIVERSICARE MANAGEMENT SERVICES CO., a Tennessee
corporation (the "Borrower"), and GMAC COMMERCIAL MORTGAGE CORPORATION, a
California corporation (the "Lender").
Recitals
A. The Borrower executed to the order of the Lender that certain
Promissory Note dated December 27, 1996, in the principal amount of
$3,750,000.00 (the "Note"). The Note is attached hereto as Exhibit A.
B. The Note matures on December 1, 1999, and the Borrower has requested
that the Lender renew the debt evidenced by the Note and extend the Maturity
Date of the Note. The Note is attached hereto as Exhibit A. Unless otherwise
defined herein, capitalized terms shall have the meanings assigned to them in
the Note.
C. The Lender has agreed to such renewal and extension on certain
conditions, one of which is the execution of this Amendment by the Borrower.
Agreement
NOW, THEREFORE, in consideration of the above Recitals, the Borrower
and the Lender hereby amend the Note as follows:
1. The Borrower acknowledges that the outstanding principal balance
under the Note is $3,750,000.00 on the date hereof.
2. In Section 4 of the Note, the Maturity Date is hereby extended from
December 1, 1999, until April 30, 2000.
Notwithstanding the execution of this Amendment, the indebtedness
evidenced by the Note shall remain in full force and effect, and nothing
contained herein shall be interpreted or construed as resulting in a novation of
such indebtedness. The Borrower acknowledges and agrees that there are no
offsets or defenses to payment of the obligations evidenced by the Note, as
hereby amended, and hereby waives any defense, claim or counterclaim of the
Borrower regarding the obligations of the Borrower under the Note, as hereby
amended. The Borrower represents that, except as otherwise disclosed to or known
by Lender, there are no conditions of default or facts or consequences which
will or could lead to a default under the obligations due from the Borrower
under the Note, as amended herein.
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Except as expressly amended hereby, the Note shall remain in full force
and effect in accordance with its terms, including, without limitation, the
amount of the monthly payment and the security and the guaranty for the Note.
IN WITNESS WHEREOF, the Lender and the Borrower have caused this
Amendment to be executed by their respective duly authorized representatives, as
of the date first set forth above.
BORROWER:
DIVERSICARE MANAGEMENT
SERVICES CO., a Tennessee corporation
By: /s/ Xxxxxxx X. Xxxxx, Xx.
-----------------------------------
Its: Executive Vice President
----------------------------------
LENDER:
GMAC COMMERCIAL MORTGAGE
CORPORATION, a California corporation
By: /s/ Xxxxx Xxxxxx Xxxxxx
-----------------------------------
Its: Senior Vice President
----------------------------------
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(Windsor House)
AMENDMENT TO PROMISSORY NOTE
(Extending Term)
This Amendment to Promissory Note (this "Amendment") is executed this
30th day of November, 1999, by DIVERSICARE MANAGEMENT SERVICES CO., a Tennessee
corporation (the "Borrower"), and GMAC COMMERCIAL MORTGAGE CORPORATION, a
California corporation (the "Lender").
Recitals
A. The Borrower executed to the order of the Lender that certain
Promissory Note dated December 27, 1996, in the principal amount of
$3,800,000.00 (the "Note").
B. The Note matures on December 1, 1999, and the Borrower has requested
that the Lender renew the debt evidenced by the Note and extend the maturity
date of the Note. The Notes is attached hereto as Exhibit A. Unless otherwise
defined herein, capitalized terms shall have the meanings assigned to them in
the Note.
C. The Lender has agreed to such renewal and extension on certain
conditions, one of which is the execution of this Amendment by the Borrower.
Agreement
NOW, THEREFORE, in consideration of the above Recitals, the Borrower
and the Lender hereby amend the Note as follows:
1. The Borrower acknowledges that the outstanding principal balance
under the Note is $3,800,000.00 on the date hereof.
2. In Section 4 of the Note, the Maturity Date is hereby extended from
December 1, 1999, until April 30, 2000.
Notwithstanding the execution of this Amendment, the indebtedness
evidenced by the Note shall remain in full force and effect, and nothing
contained herein shall be interpreted or construed as resulting in a novation of
such indebtedness. The Borrower acknowledges and agrees that there are no
offsets or defenses to payment of the obligations evidenced by the Note, as
hereby amended, and hereby waives any defense, claim or counterclaim of the
Borrower regarding the obligations of the Borrower under the Note, as hereby
amended. The Borrower represents that, except as otherwise disclosed to or known
by Lender, there are no conditions of default or facts or consequences which
will or could lead to a default under the obligations due from the Borrower
under the Note, as amended herein.
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Except as expressly amended hereby, the Note shall remain in full force
and effect in accordance with its terms, including, without limitation, the
amount of the monthly payment and the security and the guaranty for the Note.
IN WITNESS WHEREOF, the Lender and the Borrower have caused this
Amendment to be executed by their respective duly authorized representatives, as
of the date first set forth above.
BORROWER:
DIVERSICARE MANAGEMENT
SERVICES CO., a Tennessee corporation
By: /s/ Xxxxxxx X. Xxxxx, Xx.
-----------------------------------
Its: Executive Vice President
----------------------------------
LENDER:
GMAC COMMERCIAL MORTGAGE
CORPORATION, a California corporation
By: /s/ Xxxxx Xxxxxx Xxxxxx
-----------------------------------
Its: Senior Vice President
----------------------------------
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(Pinedale)
AMENDMENT TO PROMISSORY NOTE
(Extending Term)
This Amendment to Promissory Note (this "Amendment") is executed this
30th day of November, 1999, by DIVERSICARE MANAGEMENT SERVICES CO., a Tennessee
corporation (the "Borrower"), and GMAC COMMERCIAL MORTGAGE CORPORATION, a
California corporation (the "Lender").
Recitals
A. The Borrower executed to the order of the Lender that certain
Promissory Note dated December 27, 1996, in the principal amount of
$2,805,000.00 (the "Note").
B. The Note matures on December 1, 1999, and the Borrower has requested
that the Lender renew the debt evidenced by the Note and extend the maturity
date of the Note. The Note is attached hereto as Exhibit A. Unless otherwise
defined herein, capitalized terms shall have the meanings assigned to them in
the Note.
C. The Lender has agreed to such renewal and extension on certain
conditions, one of which is the execution of this Amendment by the Borrower.
Agreement
NOW, THEREFORE, in consideration of the above Recitals, the Borrower
and the Lender hereby amend the Note as follows:
1. The Borrower acknowledges that the outstanding principal balance
under the Note is $2,805,000.00 on the date hereof.
2. In Section 4 of the Note, the Maturity Date is hereby extended from
December 1, 1999, until April 30, 2000.
Notwithstanding the execution of this Amendment, the indebtedness
evidenced by the Note shall remain in full force and effect, and nothing
contained herein shall be interpreted or construed as resulting in a novation of
such indebtedness. The Borrower acknowledges and agrees that there are no
offsets or defenses to payment of the obligations evidenced by the Note, as
hereby amended, and hereby waives any defense, claim or counterclaim of the
Borrower regarding the obligations of the Borrower under the Note, as hereby
amended. The Borrower represents that, except as otherwise disclosed to or known
by Lender, there are no conditions of default or facts or consequences which
will or could lead to a default under the obligations due from the Borrower
under the Note, as amended herein.
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Except as expressly amended hereby, the Note shall remain in full force
and effect in accordance with its terms, including, without limitation, the
amount of the monthly payment and the security and the guaranty for the Note.
IN WITNESS WHEREOF, the Lender and the Borrower have caused this
Amendment to be executed by their respective duly authorized representatives, as
of the date first set forth above.
BORROWER:
DIVERSICARE MANAGEMENT
SERVICES CO., a Tennessee corporation
By: /s/ Xxxxxxx X. Xxxxx, Xx.
-----------------------------------
Its: Executive Vice President
----------------------------------
LENDER:
GMAC COMMERCIAL MORTGAGE
CORPORATION, a California corporation
By: /s/ Xxxxx Xxxxxx Xxxxxx
-----------------------------------
Its: Senior Vice President
----------------------------------
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(Good Samaritan)
AMENDMENT TO PROMISSORY NOTE
(Extending Term)
This Amendment to Promissory Note (this "Amendment") is executed this
30th day of November, 1999, by DIVERSICARE MANAGEMENT SERVICES CO., a Tennessee
corporation (the "Borrower"), and GMAC COMMERCIAL MORTGAGE CORPORATION, a
California corporation (the "Lender").
Recitals
A. The Borrower executed to the order of the Lender that certain
Promissory Note dated December 27, 1996, in the principal amount of $745,000.00
(the "Note").
B. The Note matures on December 1, 1999, and the Borrower has requested
that the Lender renew the debt evidenced by the Note and extend the Maturity
Date of the Note. The Notes is attached hereto as Exhibit A. Unless otherwise
defined herein, capitalized terms shall have the meanings assigned to them in
the Note.
C. The Lender has agreed to such renewal and extension on certain
conditions, one of which is the execution of this Amendment by the Borrower.
Agreement
NOW, THEREFORE, in consideration of the above Recitals, the Borrower
and the Lender hereby amend the Note as follows:
1. The Borrower acknowledges that the outstanding principal balance
under the Note is $745,000.00 on the date hereof.
2. In Section 4 of the Note, the Maturity Date is hereby extended from
December 1, 1999, until April 30, 2000.
Notwithstanding the execution of this Amendment, the indebtedness
evidenced by the Note shall remain in full force and effect, and nothing
contained herein shall be interpreted or construed as resulting in a novation of
such indebtedness. The Borrower acknowledges and agrees that there are no
offsets or defenses to payment of the obligations evidenced by the Note, as
hereby amended, and hereby waives any defense, claim or counterclaim of the
Borrower regarding the obligations of the Borrower under the Note, as hereby
amended. The Borrower represents that, except as otherwise disclosed to or known
by Lender, there are no conditions of default or facts or consequences which
will or could lead to a default under the obligations due from the Borrower
under the Note, as amended herein.
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Except as expressly amended hereby, the Note shall remain in full force
and effect in accordance with its terms, including, without limitation, the
amount of the monthly payment and the security and the guaranty for the Note.
IN WITNESS WHEREOF, the Lender and the Borrower have caused this
Amendment to be executed by their respective duly authorized representatives, as
of the date first set forth above.
BORROWER:
DIVERSICARE MANAGEMENT
SERVICES CO., a Tennessee corporation
By: /s/ Xxxxxxx X. Xxxxx, Xx.
-----------------------------------
Its: Executive Vice President
----------------------------------
LENDER:
GMAC COMMERCIAL MORTGAGE
CORPORATION, a California corporation
By: /s/ Xxxxx Xxxxxx Xxxxxx
-----------------------------------
Its: Senior Vice President
----------------------------------
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