ACCESSION AGREEMENT
Exhibit 10.4
THIS ACCESSION AGREEMENT, dated as of December 1, 2011, is entered into by SNH CALI TENANT LLC, a Delaware limited liability company (the “Company”).
RECITALS:
The Company has entered into a Management Agreement (the “Management Agreement”) with FVE Managers, Inc., a Maryland corporation (“Manager”), dated as of December 1, 2011, with respect to the assisted living facility known as Xxxxxxx Court and located at 0000 Xxx Xxxxxx Xxxxx, Xxxxxx Xxxxx, Xxxxxxxxxx (“Xxxxxxx Court”).
Manager and certain affiliates of the Company are parties to that certain Pooling Agreement, dated as of May 12, 2011, by and among the Manager and the parties listed on Schedule A thereto (the “Pooling Agreement”). Capitalized terms used in this Accession Agreement without definition shall have the meanings given to such terms in the Pooling Agreement.
The Company desires to become a party to the Pooling Agreement with respect to Xxxxxxx Court.
NOW, THEREFORE:
The Company hereby accedes and becomes a party to the Pooling Agreement as an Additional TRS, agrees to be bound by the provisions of the Pooling Agreement with respect to Xxxxxxx Court, and acknowledges that provisions of the Management Agreement will be superseded as provided therein, on and after the date first above written.
IN WITNESS WHEREOF, this Accession Agreement has been duly executed and delivered by the Company with the intention of creating an instrument under seal.
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COMPANY: |
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SNH CALI TENANT LLC, | ||
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a Delaware limited liability company | ||
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By: |
/s/ Xxxxxxx X. Xxxxx | |
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Xxxxxxx X. Xxxxx | |
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President | |
ACCEPTED:
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FVE MANAGERS, INC., |
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a Maryland corporation |
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By: |
/s/ Xxxxx X. Xxxxxx Xx. |
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Xxxxx X. Xxxxxx Xx. | |
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President | |
Schedule to Exhibit 10.4
There are 11 accession agreements to the Pooling Agreement with FVE Managers, Inc., a representative form of which is filed herewith. The other 10 accession agreements, with the respective parties and applicable to the respective communities listed below, are substantially identical in all material respects to the representative form of accession agreement filed herewith.
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Facility |
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Date |
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SNH BRFL Tenant LLC |
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00000 Xxxxxx Xxx Xxx, Xxxx Xxxxx, Xxxxxxx 00000 |
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Xxxxxxxx 00, 0000 |
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XXX XXXX Xxxxxx LLC |
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0000 Xxxxxxxxxxx Xxxxxx, Xxxxx Xxxxx, Xxxxxxxx 00000 |
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December 15, 2011 |
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SNH PLFL Tenant LLC |
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0000 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxxxxxxx, Xxxxxxx 00000 |
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December 15, 2011 |
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SNH Teaneck Tenant LLC |
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000 Xxxxxxxx Xxxx, Xxxxxxx, Xxx Xxxxxx 00000 |
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December 15, 2011 |
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SNH SE Tenant TRS, Inc. |
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0000 Xxxxx Xxxxx Xxxxxxxxx, Xxxxxxx Xxxxx, Xxxxxxx 00000 |
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December 15, 2011 |
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SNH SE Tenant TRS, Inc. |
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0000 Xxxxx Xxxx Xxxx, Xxxxxxxxx, Xxxxxxx 00000 |
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December 15, 2011 |
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SNH SE Tenant TRS, Inc. |
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0000 Xxxxxx Xxxxxx, Xxxx, Xxxxxx 00000 |
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December 15, 0000 |
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XXX XX Xxxxxx XXX, Inc. |
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000 Xxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxx 00000 |
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February 1, 2012 |
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SNH XX Xxxxxx Island Tenant LLC |
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000 Xxxxx Xxxxx Xxxxx, Xxxxxxxxxx, Xxxxx Xxxxxxxx 00000 |
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May 00, 0000 |
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XXX XX XX Tenant LLC |
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0000 Xxxx Xxxxxx Xxxxxx, Xxxxx Xxxxxxxx, Xxxxx Xxxxxxxx 00000 000 Xxxxxx Xxxx, Xxxxx Xxxxxxxx, Xxxxx Xxxxxxxx 00000 |
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July 1, 2012 |
