Contract
Exhibit 4.1
SIXTH SUPPLEMENTAL INDENTURE (this “Supplemental
Indenture”), dated as of March 30, 2009, among
CHS/COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation (the
“Issuer”), each of the parties identified as a
New Subsidiary Guarantor on the signature pages hereto (each, a
“New Subsidiary Guarantor” and collectively,
the “New Subsidiary Guarantors”) and
U.S. BANK NATIONAL ASSOCIATION, as Trustee under the
Indenture (the “Trustee”).
W I T N E S S E T H:
WHEREAS the Issuer has heretofore executed and delivered to the
Trustee an Indenture (the “Indenture”), dated
as of July 25, 2007, providing for the issuance of the
87/8% Senior
Notes due 2015 (the “Securities”).
WHEREAS, each of the undersigned New Subsidiary Guarantors has
deemed it advisable and in its best interest to execute and
deliver this Supplemental Indenture, and to become a New
Subsidiary Guarantor under the Indenture.
WHEREAS, following the merger of National Healthcare of
Cleveland, Inc., an existing Subsidiary Guarantor, with and into
Cleveland Tennessee Hospital Company, LLC on February 1,
0000, Xxxxxxxxx Xxxxxxxxx Hospital Company, LLC is entering into
this Supplemental Indenture pursuant to Section 5.01(b) of
the Indenture.
WHEREAS, National Healthcare of Cleveland, Inc. (i) has
been merged into Cleveland Tennessee Hospital Company, LLC;
(ii) has therefore ceased to exist, and (iii) will
therefore no longer be a Subsidiary Guarantor under the
Indenture.
WHEREAS, pursuant to Section 9.01(4) of the Indenture, the
Trustee, the Issuer and the New Subsidiary Guarantors are
authorized to execute and deliver this Supplemental Indenture.
NOW THEREFORE, in consideration of the foregoing and for good
and valuable consideration, the receipt of which is hereby
acknowledged, the Issuer, the New Subsidiary Guarantors and the
Trustee mutually covenant and agree for the equal and ratable
benefit of the Holders of the Securities as follows:
Section 1. Capitalized
Terms. Capitalized terms used herein but not
defined shall have the meanings assigned to them in the
Indenture.
Section 2. Guaranties. Each
New Subsidiary Guarantor hereby agrees to guarantee the
Issuer’s obligations under the Securities on the terms and
subject to the conditions set forth in Article 10 of the
Indenture and to be bound by all other applicable provisions of
the Indenture as a Subsidiary Guarantor.
Section 3. Ratification
of Indenture; Supplemental Indentures Part of
Indenture. Except as expressly amended
hereby, the Indenture is in all respects ratified and confirmed
and all the terms, conditions and provisions thereof shall
remain in full force and effect. This Supplemental Indenture
shall form a part of the Indenture for all purposes, shall inure
to the benefit of the Trustee and every Holder of Securities
heretofore or hereafter authenticated and the Issuer, the
Trustee and every Holder of Securities heretofore or hereafter
authenticated and delivered shall be bound hereby.
Section 4. Governing
Law. THIS SUPPLEMENTAL INDENTURE SHALL BE
GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE
STATE OF NEW YORK.
Section 5. Trustee
Makes No Representation. The Trustee makes no
representation as to the validity or sufficiency of this
Supplemental Indenture.
Section 6. Counterparts. The
parties may sign any number of copies of this Supplemental
Indenture. Each signed copy shall be an original, but all of
them together represent the same agreement.
Section 7. Effect
of Headings. The Section headings herein are
for convenience only and shall not effect the construction of
this Supplemental Indenture.
IN WITNESS WHEREOF, the parties have caused this
Supplemental Indenture to be duly executed as of this 30th day of
March, 2009.
| CHS/Community Health Systems, Inc.a Delaware corporation | ||
|
By:
/s/ Xxxxxx
X.
Seifert Rachel
X. Xxxxxxx
Senior Vice President, Secretary & General Counsel |
||
|
Cleveland Tennessee Hospital Company, LLC, a Delaware limited liability company DHFW Holdings, LLC, a Delaware limited liability company Northwest Hospital, LLC, a Delaware limited liability company NOV Holdings, LLC, a Delaware limited liability company Oro Valley Hospital, LLC, a Delaware limited liability company Xxxxxx Health System, LLC, a Delaware limited liability company |
||
|
By:
/s/ Xxxxxx
X.
Seifert Rachel
A. SeifertSenior Vice President and Secretary
|
||
| U.S. Bank National Association,as Trustee | ||
|
By:
/s/ Xxxxx
Jones Wally
JonesVice President
|
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