JOINDER AND FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 15th, 2005 • Sun Healthcare Group Inc • Services-skilled nursing care facilities • New York
THIS JOINDER AND FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this "Joinder") is made and entered into and effective as of December 9, 2005 (the "Effective Date"), by and among SUN HEALTHCARE GROUP, INC., a Delaware corporation (the "Company"), and each direct or indirect Subsidiary of the Company identified on Signature Page "A" of this Joinder as a borrower (individually an "Existing Borrower", and collectively the "Existing Borrowers"), all entities identified on Signature Page "B" of this Joinder as a borrower (individually, a "Peak Borrower", and collectively, the "Peak Borrowers"; the Company, the Existing Borrowers and the Peak Borrowers are collectively referred to herein as the "Borrowers"), the financial institution(s) listed on the signature pages hereof, and their respective successors and assignees (each, a "Lender" and, collectively, "Lenders"), and CAPITALSOURCE FINANCE LLC, a Delaware limited liability company (in its individual capacity as a Len
