EXHIBIT 10.1
FOURTH AMENDMENT TO
CREDIT AGREEMENT
THIS FOURTH AMENDMENT to Credit Agreement (this "Amendment") dated as
of November 12, 2004 is by and among Ardent Health Services, Inc., a Delaware
corporation (the "Borrower"), the Guarantors, the Lenders party hereto and
Citicorp North America, Inc., as Administrative Agent (in such capacity, "CNAI"
or the "Administrative Agent") on behalf of itself and the Lenders. All
capitalized terms used herein but not otherwise defined herein shall have the
meanings provided to such terms in the Credit Agreement (as defined below).
W I T N E S S E T H
WHEREAS, a credit facility was established in favor of the Borrower
pursuant to the terms of that certain Credit Agreement dated as of August 19,
2003 among the Borrower, the Guarantors, the Lenders and CNAI (as successor to
Bank One, NA), as Administrative Agent, as amended by that certain First
Amendment to Credit Agreement dated as of December 31, 2003, that certain Second
Amendment to Credit Agreement dated as of July 12, 2004 and that certain Third
Amendment to Credit Agreement dated as of August 12, 2004 (as further amended,
modified and supplemented from time to time, the "Credit Agreement");
WHEREAS, the Borrower has requested the Required Lenders to amend the
Credit Agreement as set forth herein; and
WHEREAS, the Required Lenders have agreed to amend the Credit Agreement
on the terms and conditions set forth herein.
NOW, THEREFORE, IN CONSIDERATION of the premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Amendments. The Credit Agreement is amended in the following
respects:
(a) The following definition is hereby added to Section 1.01
in the appropriate alphabetical order and shall read as follows:
"Fourth Amendment Effective Date" means November 12,
2004.
(b) The last sentence in the definition of "Consolidated
EBITDA" in Section 1.01 is hereby amended to read as follows:
Notwithstanding anything to the contrary in this
Agreement, for purposes of calculating the Consolidated
Interest Coverage Ratio, the Consolidated Leverage Ratio and
the Consolidated Senior Leverage Ratio as of the end of the
fiscal quarters ending September 30, 2004, December 31, 2004
and March 31, 2005, Consolidated EBITDA for the twelve month
period ending as of the applicable fiscal quarter shall be an
amount for such period as agreed to by the Parent and the
Required Lenders.
(c) A new proviso is hereby added immediately prior to the
period (".") now appearing at the end of Section 7.01(b)(i) to read as
follows:
; provided that, notwithstanding the foregoing, with respect
to the fiscal quarter ended September 30, 2004 only, the Loan
Parties shall have until January 14, 2005 to deliver to the
Administrative Agent and the Lenders all the financial
statements required by Section 7.01(b)(i) as of the end of the
fiscal quarter ended September 30, 2004
(d) A new proviso is hereby added immediately prior to the
period (".") now appearing at the end of Section 7.01(b)(ii) to read as
follows:
; provided that, notwithstanding the foregoing, with respect
to the fiscal quarter ended September 30, 2004 only, the Loan
Parties shall have until January 14, 2005 to deliver to the
Administrative Agent and the Lenders all the financial
statements required by Section 7.01(b)(ii) as of the end of
the fiscal quarter ended September 30, 2004
(e) A new subsection (d) is hereby added to the end of Section
7.01 to read as follows:
(d) Restated Financial Statements.
In the event that the Loan Parties shall be
required, or shall elect at the advice of their
independent auditor, to restate any financial
statements of the Parent and its Subsidiaries
delivered prior to the Fourth Amendment Effective
Date pursuant to this Agreement upon the completion
of the Loan Parties' internal review of accounting
practices at Xxxxxxxx conducted and concluded prior
to January 14, 2005, no breach of this Agreement
prior to the Fourth Amendment Effective Date due to
the failure to timely deliver the financial
statements that are subject to such restatement under
this Section 7.01(d) or due to the inaccuracy of any
representation delivered or deemed delivered pursuant
to Section 6.05(a), (b), (d) or (e) or Section 6.15
due to the inaccuracy of previously delivered
financial statements shall be deemed to have occurred
or resulted therefrom unless and until the Loan
Parties shall fail to deliver any such restated
financial statements in accordance with the terms
hereof (together with restated and duly completed
Compliance Certificate(s) in respect thereof in
accordance with the terms hereof reflecting
compliance for all applicable periods with all
financial covenants set forth in Section 8.11) to the
Administrative Agent and the Lenders on or prior to
January 14, 2005.
(f) A new proviso is hereby added immediately prior to the
period (".") now appearing at the end of the first sentence of Section
7.08 to read as follows:
; provided that, notwithstanding the foregoing, the Loan
Parties' failure to file within the time periods specified in
the SEC's rules and regulations the financial statements of
the Parent and its Subsidiaries for the fiscal quarter ended
September 30, 2004 shall not constitute a breach of this
Section 7.08 unless and until the Loan Parties shall fail to
file such financial statements with the SEC on or before
January 14, 2005.
2. Acknowledgement. The parties hereto acknowledge and agree that no
new Loans will be made, nor will new Letters of Credit be issued, under and
pursuant to the terms of the Credit Agreement on or before January 14, 2005.
3. Conditions Precedent. This Amendment shall be effective as of the
date hereof upon receipt by the Administrative Agent of this Amendment executed
by the Borrower, the Guarantors, the Required Lenders and the Administrative
Agent.
4. Miscellaneous.
(a) The Credit Agreement, as amended hereby, and the
obligations of the Loan Parties thereunder and under the other Loan
Documents shall remain in full force and effect according to their
terms.
(b) Each Guarantor (i) acknowledges and consents to all of the
terms and conditions of this Amendment, (ii) affirms all of its
obligations under the Loan Documents, (iii) agrees that this Amendment
and all documents executed in connection herewith do not operate to
reduce or discharge its obligations under the Credit Agreement or the
other Loan Documents and (iv) hereby confirms and agrees that its
Guaranty shall continue and remain in full force and effect after
giving effect to this Amendment and that, notwithstanding any contrary
terms in such Guaranty, such Guaranty now applies to the Credit
Agreement as amended by this Amendment.
(c) The Borrower and the Guarantors hereby represent and
warrant as follows:
(i) Each Loan Party has taken all necessary action to
authorize the execution, delivery and performance of this
Amendment.
(ii) This Amendment has been duly executed and
delivered by the Loan Parties and constitutes each of the Loan
Parties' legal, valid and binding obligations, enforceable in
accordance with its terms, except as such enforceability may
be subject to (A) bankruptcy, insolvency, reorganization,
fraudulent conveyance or transfer, moratorium or similar laws
affecting creditors' rights generally and (B) general
principles of equity (regardless of whether such
enforceability is considered in a proceeding at law or in
equity).
(iii) No consent, approval, authorization or order
of, or filing, registration or qualification with, any court
or governmental authority or third party is required in
connection with the execution, delivery or performance by any
Loan Party of this Amendment, other than those that have
already been obtained and are in full force and effect as of
the date hereof.
(d) The Loan Parties represent and warrant to the Lenders that
no event has occurred and is continuing which constitutes a Default or
an Event of Default.
(e) The Borrower agrees to pay all reasonable costs and
expenses of the Administrative Agent in connection with the
preparation, execution and delivery of this Amendment, including
without limitation the reasonable fees and expenses of Xxxxx & Xxx
Xxxxx, PLLC.
(f) This Amendment may be executed in any number of
counterparts, each of which when so executed and delivered shall be an
original, but all of which shall constitute one and the same
instrument. Delivery of an executed counterpart of this Amendment by
telecopy shall be effective as an original and shall constitute a
representation that an executed original shall be delivered.
(g) THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE
PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
[Signature Pages Follow]
IN WITNESS WHEREOF, each of the parties hereto has caused a counterpart
of this Amendment to be duly executed and delivered as of the date and year
first above written.
BORROWER: ARDENT HEALTH SERVICES, INC.,
a Delaware corporation
By: /s/ R. Xxxx Xxxxxxx
-----------------------------------------
Name: R. Xxxx Xxxxxxx
Title: Executive Vice President
GUARANTORS: ARDENT HEALTH SERVICES LLC,
a Delaware limited liability company
By: /s/ R. Xxxx Xxxxxxx
-----------------------------------------
Name: R. Xxxx Xxxxxxx
Title: Executive Vice President and Chief
Financial Officer
AHS ALBUQUERQUE HOLDINGS, LLC,
a New Mexico limited liability company
AHS CUMBERLAND HOSPITAL, LLC,
a Virginia limited liability company
AHS KENTUCKY HOLDINGS, INC.,
a Delaware corporation
AHS KENTUCKY HOSPITALS, INC.,
a Delaware corporation
AHS LOUISIANA HOLDINGS, INC.,
a Delaware corporation
AHS LOUISIANA HOSPITALS, INC.,
a Delaware corporation
AHS MANAGEMENT COMPANY, INC.,
a Tennessee corporation
AHS NEW MEXICO HOLDINGS, INC.,
a New Mexico corporation
AHS SAMARITAN HOSPITAL, LLC,
a Kentucky limited liability company
AHS S.E.D. MEDICAL LABORATORIES, INC.,
a New Mexico corporation
AHS SUMMIT HOSPITAL, LLC,
a Delaware limited liability company
ARDENT MEDICAL SERVICES, INC.,
a Delaware corporation
BEHAVIORAL HEALTHCARE CORPORATION,
a Delaware corporation
By: /s/ R. Xxxx Xxxxxxx
-----------------------------------------
Name: R. Xxxx Xxxxxxx
Title: Senior Vice President of each of the
foregoing Guarantors
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
BHC MANAGEMENT SERVICES OF NEW MEXICO, LLC,
a Delaware limited liability company
BHC MANAGEMENT SERVICES OF STREAMWOOD, LLC,
a Delaware limited liability company
BHC XXXXXXX PARTNER, INC.,
a Delaware corporation
BHC MONTEVISTA HOSPITAL, INC.,
a Nevada corporation
BHC OF INDIANA, GENERAL PARTNERSHIP,
a Tennessee general partnership
BHC ALHAMBRA HOSPITAL, INC.,
a Tennessee corporation
BHC BELMONT PINES HOSPITAL, INC.,
a Tennessee corporation
BHC CEDAR VISTA HOSPITAL, INC.,
a California corporation
BHC COLUMBUS HOSPITAL, INC.,
a Tennessee corporation
BHC FAIRFAX HOSPITAL, INC.,
a Tennessee corporation
BHC FOX RUN HOSPITAL, INC.,
a Tennessee corporation
BHC FREMONT HOSPITAL, INC.,
a Tennessee corporation
BHC GULF COAST MANAGEMENT GROUP, INC.,
a Tennessee corporation
BHC HEALTH SERVICES OF NEVADA, INC.,
a Nevada corporation
BHC HERITAGE OAKS HOSPITAL, INC.,
a Tennessee corporation
BHC HOSPITAL HOLDINGS, INC.,
a Delaware corporation
BHC INTERMOUNTAIN HOSPITAL, INC.,
a Tennessee corporation
BHC LEBANON HOSPITAL, INC.,
a Tennessee corporation
BHC MANAGEMENT HOLDINGS, INC.,
a Delaware corporation
BHC MANAGEMENT SERVICES, LLC,
a Delaware limited liability company
BHC MANAGEMENT SERVICES OF INDIANA, LLC,
a Delaware limited liability company
BHC MANAGEMENT SERVICES OF KENTUCKY, LLC,
a Delaware limited liability company
By: /s/ R. Xxxx Xxxxxxx
-----------------------------------------
Name: R. Xxxx Xxxxxxx
Title: Senior Vice President of each of the
foregoing Guarantors
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
BHC OF NORTHERN INDIANA, INC.,
a Tennessee corporation
BHC PHYSICIAN SERVICES OF KENTUCKY, LLC,
a Delaware limited liability company
BHC PINNACLE POINTE HOSPITAL, INC.,
a Tennessee corporation
BHC PROPERTIES, INC.,
a Tennessee corporation
BHC SIERRA VISTA HOSPITAL, INC.,
a Tennessee corporation
BHC SPIRIT OF ST. LOUIS HOSPITAL, INC.,
a Tennessee corporation
BHC STREAMWOOD HOSPITAL, INC.,
a Tennessee corporation
BHC WINDSOR HOSPITAL, INC.,
an Ohio corporation
COLUMBUS HOSPITAL, LLC,
a Delaware limited liability company
INDIANA PSYCHIATRIC INSTITUTES, INC.,
a Delaware corporation
LEBANON HOSPITAL, LLC,
a Delaware limited liability company
MESILLA VALLEY GENERAL PARTNERSHIP,
a New Mexico general partnership
MESILLA VALLEY MENTAL HEALTH ASSOCIATES, INC.,
a New Mexico corporation
NORTHERN INDIANA HOSPITAL, LLC,
a Delaware limited liability company
XXXXX VISTA, LLC,
a Delaware limited liability company
WILLOW SPRINGS, LLC,
a Delaware limited liability company
AHS RESEARCH AND REVIEW, LLC,
a New Mexico limited liability company
BHC NORTHWEST PSYCHIATRIC HOSPITAL, LLC,
a Delaware limited liability company
By: /s/ R. Xxxx Xxxxxxx
-----------------------------------------
Name: R. Xxxx Xxxxxxx
Title: Senior Vice President of each of the
foregoing Guarantors
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
AHS ACADEMIC HEALTH CENTER, LLC., a Delaware
limited liability company
AHS XXXXXXX HOSPITAL, LLC, a Delaware limited
liability company
AHS CLEVELAND HOSPITAL, LLC, a Delaware limited
liability company
AHS XXXXXXX HOSPITAL, LLC, a Delaware limited
liability company
AHS EASTERN OKLAHOMA MEDICAL CENTER, LLC, a
Delaware limited liability company
AHS HENRYETTA HOSPITAL, LLC, a Delaware limited
liability company
AHS HILLCREST MEDICAL CENTER, LLC, a Delaware
limited liability company
AHS HILLCREST SPECIALTY HOSPITAL, LLC, a Delaware
limited liability company
AHS MANAGEMENT SERVICES OF OKLAHOMA, LLC, a
Delaware limited liability company
AHS OKLAHOMA HEALTH SYSTEM, LLP, a Delaware
limited liability partnership
AHS OKLAHOMA HOLDINGS, INC., a Delaware corporation
AHS OKLAHOMA HOSPITALS, INC., a Delaware corporation
AHS OKLAHOMA PHYSICIAN GROUP, LLC, a
Delaware limited liability company
AHS PAWNEE HOSPITAL, LLC, a Delaware limited
liability company
AHS RIVERSIDE PHO, LLC, a Delaware limited liability
company
AHS TULSA HOLDINGS, LLC, a Delaware limited liability
company
AHS TULSA REGIONAL MEDICAL CENTER, LLC, a
Delaware limited liability company
AHS XXXXXXX HOSPITAL, LLC, a Delaware limited
liability company
BHC MANAGEMENT SERVICES OF LOUISIANA, LLC, a
Delaware limited liability company
BHC MANAGEMENT SERVICES OF TULSA, LLC, a
Delaware limited liability company
By: /s/ R. Xxxx Xxxxxxx
-----------------------------------------
Name: R. Xxxx Xxxxxxx
Title: Senior Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
BLOOMINGTON XXXXXXX, X.X., a
Delaware general partnership
By: BHC of Indiana, General Partnership,
its partner
By: BHC Xxxxx Vista Hospital, Inc., as
a partner
By: /s/ R. Xxxx Xxxxxxx
---------------------------------------
Name: R. Xxxx Xxxxxxx
-------------------------------------
Title: Senior Vice President
------------------------------------
By: Indiana Psychiatric Institutes, Inc.,
its partner
By: /s/ R. Xxxx Xxxxxxx
---------------------------------------
Name: R. Xxxx Xxxxxxx
-------------------------------------
Title: Senior Vice President
------------------------------------
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
ADMINISTRATIVE
AGENT:
CITICORP NORTH AMERICA, INC.,
as Administrative Agent and Swing Line Lender
By: /s/ Xxxxx Xxxxxx
-----------------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
L/C ISSUERS: BANK ONE, NA,
as an L/C Issuer
By: /s/ Xxxxxxx X. Xxxxx FVP
-----------------------------------------
Name: Xxxxxxx X. Xxxxx
Title: First Vice President
CITIBANK N.A.,
as an L/C Issuer
By: /s/ Xxxxx Xxxxxx
-----------------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
BANK OF OKLAHOMA, N.A.,
as an L/C Issuer
By: /s/ Xxxx X. Xxxxxxx
-----------------------------------------
Name: Xxxx X. Xxxxxxx
Title: SVP
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
LENDERS: CITICORP NORTH AMERICA, INC.
By: /s/ Xxxxx Xxxxxx
-----------------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
BANK ONE, NA
By: /s/ Xxxxxxx X. Xxxxx FVP
-----------------------------------------
Name: Xxxxxxx X. Xxxxx
Title: First Vice President
BANK OF AMERICA, N.A.
By: /s/ Xxxxxxxx Xxxxxxxx
-----------------------------------------
Name: Xxxxxxxx Xxxxxxxx
Title: Principal
BANK OF OKLAHOMA, N.A.
By: /s/ Xxxx X. Xxxxxxx
-----------------------------------------
Name: Xxxx X. Xxxxxxx
Title: SVP
FIFTH THIRD BANK
By: /s/ Xxxxx Xxxxxxx
-----------------------------------------
Name: Xxxxx Xxxxxxx
Title: Vice President
GENERAL ELECTRIC CAPITAL CORPORATION
By: /s/ Xxxxxxx X. Xxxxxxx
-----------------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: Its Duly Authorized Signatory
OLD NATIONAL BANK
By: /s/ Xxxxxx XxXxxxxx
-----------------------------------------
Name: Xxxxxx XxXxxxxx
Title: Senior Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
XXXXX FARGO BANK N.A.
By: /s/ Xxxxxxx Xxxxxxx
-----------------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Vice President
UBS AG, CAYMAN ISLANDS BRANCH
By: /s/ Xxxxxxx X. Saint
-----------------------------------------
Name: Xxxxxxx X. Saint
Title: Director
Banking Products Services, US
By: /s/ Xxxxxxx Xxxxxxxxx
-----------------------------------------
Name: Xxxxxxx Xxxxxxxxx
Title: Associate Director
Banking Products Services, US
UBS AG, Stamford Branch
By: /s/ Xxxxxxx X. Saint
-----------------------------------------
Name: Xxxxxxx X. Saint
Title: Director
Banking Products
Services, US
By: /s/ Xxxxxxx Xxxxxxxxx
-----------------------------------------
Name: Xxxxxxx Xxxxxxxxx
Title: Associate Director
Banking Products
Services, US
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
FORTRESS PORTFOLIO TRUST, as Lender
By: Four Corners Capital Management LLC
As Collateral Manager
By: /s/ Xxxx Xxxxx
---------------------------------
Name: XXXX XXXXX
Title: Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
MACQUARIE/FIRST TRUST GLOBAL
INFRASTRUCTURE/UTILITIES DIVIDEND
& INCOME FUND, as Lender
By: Four Corners Capital Management LLC
As Collateral Manager
By: /s/ Xxxx Xxxxx
---------------------------------
Name: XXXX XXXXX
Title: Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
FIRST TRUST/FOUR CORNERS SENIOR
FLOATING RATE INCOME FUND II, as Lender
By: Four Corners Capital Management LLC
As Collateral Manager
By: /s/ Xxxx Xxxxx
-----------------------------------
Name: XXXX XXXXX
Title: Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
LCM I LIMITED PARTNERSHIP
By: Lyon Capital Management LLC,
As Collateral Manager
By: /s/ Xxxxxxxxx X. Xxxxx
-----------------------------------------
Name: Xxxxxxxxx X. Xxxxx
Title: Portfolio Manager
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
LCM II LIMITED PARTNERSHIP
By: Lyon Capital Management LLC,
As Attorney-In-Fact
By: /s/ Xxxxxxxxx X. Xxxxx
-----------------------------------------
Name: Xxxxxxxxx X. Xxxxx
Title: Portfolio Manager
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
XXXXXXXXX ARBITRAGE CDO, LTD.
By: Xxxxxxxxx Capital Partners LLC
as its Collateral Manager
By: /s/ Xxxxxxxxxxx X. Xxxxxx
-----------------------------------
Name: Xxxxxxxxxxx X. Xxxxxx
Title: Managing Partner
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
XXXXXXXXX MODENA CLO, LTD.
By: Xxxxxxxxx Capital Partners LLC
as its Asset Manager
By: /s/ Xxxxxxxxxxx X. Xxxxxx
-----------------------------------
Name: Xxxxxxxxxxx X. Xxxxxx
Title: Managing Partner
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
EAGLE LOAN TRUST
By: Xxxxxxxxx Capital Partners LLC
as its Collateral Manager
By: /s/ Xxxxxxxxxxx X. Xxxxxx
-----------------------------------
Name: Xxxxxxxxxxx X. Xxxxxx
Title: Managing Partner
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
XXXXXXXXX/RMF TRANSATLANTIC CDO LTD.
By: Xxxxxxxxx Capital Partners LLC
as its Collateral Manager
By: /s/ Xxxxxxxxxxx X. Xxxxxx
-----------------------------------
Name: Xxxxxxxxxxx X. Xxxxxx
Title: Managing Partner
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
Centurion CDO II, Ltd.
By: American Express Asset Management
Group, Inc. as Collateral Manager
By: /s/ Xxxxxxx X. Xxxx
------------------------
Name: Xxxxxxx X. Xxxx
Title: Director - Operations
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
Centurion CDO VI, Ltd.
By: American Express Asset Management
Group as Collateral Manager
By: /s/ Xxxxxxx X. Xxxx
------------------------
Name: Xxxxxxx X. Xxxx
Title: Director - Operations
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
Centurion CDO VII, Ltd.
By: American Express Asset Management
Group, Inc. as Collateral Manager
By: /s/ Xxxxxxx X. Xxxx
------------------------
Name: Xxxxxxx X. Xxxx
Title: Director - Operations
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
Western Asset
Floating Rate High Income Fund
By: /s/ [Illegible]
-------------------------
Name:
Title:
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
PPM MONARCH BAY FUNDING LLC
By: /s/ Xxxxx X. Xxxxx
---------------------------
Name: Xxxxx X. Xxxxx
Title: Assistant Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
RIVIERA FUNDING LLC
By: /s/ Xxxxx X. Xxxxx
---------------------------
Name: Xxxxx X. Xxxxx
Title: Assistant Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
SEMINOLE FUNDING LLC
By: /s/ Xxxxx X. Xxxxx
---------------------------
Name: Xxxxx X. Xxxxx
Title: Assistant Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
ACCESS INSTITUTIONAL LOAN FUND
By: Deerfield Capital Management LLC
as its Portfolio Manager
By: /s/ Xxxx Xxxxxx
-----------------------------------------
Name: Xxxx Xxxxxx
Title: Senior Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
BRYN MAWR CLO, Ltd.
By: Deerfield Capital Management LLC
as its Collateral Manager
By: /s/ Xxxx Xxxxxx
-----------------------------------------
Name: Xxxx Xxxxxx
Title: Senior Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
FOREST CREEK CLO, Ltd.
By: Deerfield Capital Management LLC
as its Collateral Manager
By: /s/ Xxxx Xxxxxx
-----------------------------------------
Name: Xxxx Xxxxxx
Title: Senior Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
LONG GROVE CLO, LIMITED
By: Deerfield Capital Management LLC
as its Collateral Manager
By: /s/ Xxxx Xxxxxx
-----------------------------------------
Name: Xxxx Xxxxxx
Title: Senior Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
ROSEMONT CLO, Ltd.
By: Deerfield Capital Management LLC
as its Collateral Manager
By: /s/ Xxxx Xxxxxx
-----------------------------------------
Name: Xxxx Xxxxxx
Title: Senior Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
MARKET SQUARE CLO, Ltd.
By: Deerfield Capital Management LLC as its Collateral Manager
By: /s/ Xxxx Xxxxxx
-----------------------------------
Name: Xxxx Xxxxxx
Title: Senior Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
BIRCHWOOD FUNDING LLC
By: /s/ Xxxxx X. Xxxxx
-----------------------------------
Name: Xxxxx X. Xxxxx
Title: Assistant Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
MUIRFIELD TRADING LLC
By: /s/ Xxxxx X. Xxxxx
-----------------------------------
Name: Xxxxx X. Xxxxx
Title: Assistant Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
FOOTHILL INCOME TRUST, L.P.
By FIT GP, LLC, its General Partner
By: /s/ M.E. Xxxxxxx
-----------------------------------
Name: M.E. Xxxxxxx
Title: Managing Member
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
Franklin Floating Rate Trust
By: /s/ Xxxxxxx Xxx
--------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
FRANKLIN FLOATING RATE MASTER SERIES
By: /s/ Xxxxxxx Xxx
-----------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
FRANKLIN FLOATING RATE DAILY ACCESS FUND
By: /s/ Xxxxxxx Xxx
-----------------------------------
Name: Xxxxxxx Xxx
Title: Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
FRANKLIN CLO I, LIMITED
By: /s/ Xxxxx Xxxxxx
-----------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
FRANKLIN CLO III, LIMITED
By: /s/ Xxxxx Xxxxxx
-----------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
FRANKLIN CLO IV, LIMITED
By: /s/ Xxxxx Xxxxxx
-----------------------------------
Name: Xxxxx Xxxxxx
Title: Vice President
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
Venture IV CDO, Limited
By its investment advisor MJX Asset Management LLC
/s/ Xxxxxxx Xxxxxxx
-----------------------------------
Name: Xxxxxxx Xxxxxxx
Title: Director
ARDENT HEALTH SERVICES, INC.
FOURTH AMENDMENT TO CREDIT AGREEMENT
