FINAL SETTLEMENT AGREEMENT AND RELEASEFinal Settlement Agreement and Release • May 9th, 2022 • National Health Investors Inc • Real estate investment trusts • Delaware
This Final Settlement Agreement and Release (“Final Settlement Agreement”) is entered into by and between, on one hand, National Health Investors, Inc. (“NHI”), NHI-REIT of Next House, LLC, Myrtle Beach Retirement Residence LLC, and Voorhees Retirement Residence LLC (collectively, “NHI Landlord,” and with NHI, “Plaintiffs”), and on the other hand, Welltower Inc. (“Welltower”), Welltower Victory II TRS LLC (“Welltower Pledgor”), and WELL Churchill Leasehold Owner LLC (“Welltower Tenant”) (collectively, “Defendants”). The parties identified in this paragraph will sometimes collectively be referred to as the “Parties” or each as a “Party.”
NATIONAL HEALTH INVESTORS, INC., AS ISSUER THE GUARANTEEING SUBSIDIARIES PARTY HERETO, THE SUBSIDIARY GUARANTORS PARTY HERETO, AS SUBSIDIARY GUARANTORS AND REGIONS BANK, AS TRUSTEE SECOND SUPPLEMENTAL INDENTURE Dated as of March 31, 2022 SUPPLEMENT TO...Second Supplemental Indenture • May 9th, 2022 • National Health Investors Inc • Real estate investment trusts • New York
WHEREAS, the Issuer has heretofore executed and delivered to the Trustee an indenture dated as of January 26, 2021 (the “Base Indenture”), by and between the Issuer and the Trustee, as supplemented by a supplemental indenture, dated as of January 26, 2021 (the “Supplemental Notes Indenture” and together with the Base Indenture, the “Indenture”), by and among the Issuer, the Subsidiary Guarantors and the Trustee providing for the issuance of 3.000% Senior Notes due 2031 (the “Notes”);
