SECOND AMENDED AND RESTATED ASSIGNMENT AND SUBSIDIARY SECURITY AGREEMENTAssignment and Subsidiary Security Agreement • November 16th, 2009 • American Homepatient Inc • Services-home health care services • Delaware
This SECOND AMENDED AND RESTATED ASSIGNMENT AND SUBSIDIARY SECURITY AGREEMENT (this “AGREEMENT”) is dated as of July 1, 2003 and entered into by and between undersigned, each a subsidiary of AMERICAN HOMEPATIENT, INC., a Delaware corporation, (collectively and/or individually, “GRANTOR”), and BANK OF MONTREAL, as agent for and representative of (in such capacity herein called “SECURED PARTY”), the financial institutions (“LENDERS”) that hold a promissory note payable to such Lenders as set forth on Exhibit A attached hereto (the “PROMISSORY NOTE”) and amends and restates the Amended and Restated Assignment and Subsidiary Security Agreement dated as of July 31, 2001 between Grantor and Bankers Trust Company as the predecessor to the Secured Party (the “PRIOR SECURITY AGREEMENT”).
AMENDED AND RESTATED CONCENTRATION BANK AGREEMENTConcentration Bank Agreement • November 16th, 2009 • American Homepatient Inc • Services-home health care services • Kentucky
THIS AMENDED AND RESTATED CONCENTRATION BANK AGREEMENT, dated as of July 1, 2003 (as amended, supplemented or otherwise modified from time to time, this “AGREEMENT”), is by and between AMERICAN HOMEPATIENT, INC., a Delaware corporation (the “BORROWER”), PNC BANK, NATIONAL ASSOCIATION, as concentration bank (the “CONCENTRATION BANK”), and BANK OF MONTREAL, as Agent (the “AGENT”) for the Lenders (as defined below).
SECOND AMENDED AND RESTATED ASSIGNMENT AND BORROWER SECURITY AGREEMENTAssignment and Borrower Security Agreement • November 16th, 2009 • American Homepatient Inc • Services-home health care services • Delaware
This SECOND AMENDED AND RESTATED ASSIGNMENT AND BORROWER SECURITYAGREEMENT (this “AGREEMENT”) is dated as of July 1, 2003 and entered into by and between AMERICAN HOMEPATIENT, INC., A DELAWARE CORPORATION (“GRANTOR”), and BANK OF MONTREAL, as agent for and representative of (in such capacity herein called “SECURED PARTY”), the financial institutions (“LENDERS”) that hold a promissory note payable to such Lenders as set forth on Exhibit A attached hereto (the “PROMISSORY NOTE”) and amends and restates the Amended and Restated Assignment and Borrower Security Agreement dated as of July 31, 2001 between Grantor and Bankers Trust Company as the predecessor to the Secured Party (the “PRIOR SECURITY AGREEMENT”).
THIRD FORBEARANCE AGREEMENTForbearance Agreement • November 16th, 2009 • American Homepatient Inc • Services-home health care services • Tennessee
This THIRD FORBEARANCE AGREEMENT, dated as of October 1, 2009 (this “Agreement”), is entered into by and among American HomePatient, Inc., a Delaware corporation, American HomePatient, Inc., a Tennessee corporation, Designated Companies, Inc., American HomePatient of New York, Inc., The National Medical Rentals, Inc., American HomePatient of Texas, L.P., AHP, L.P., Home Medical Equipment Partnership of Texas, Colorado Home Medical Equipment Alliance, LLC, Northeast Pennsylvania Alliance, LLC, Northwest Washington Alliance, LLC, AHP Home Care Alliance of Tennessee, AHP Alliance of Columbia, AHP Knoxville Partnership, AHP Home Care Alliance of Gainesville, AHP Home Cars Alliance of Virginia (collectively, the “Makers”), NexBank, SSB (as successor in interest to Heritage Bank, SSB, the “Agent”) and those certain entities appearing on Schedule I attached hereto (collectively, the “Forbearing Holders”).
SECOND AMENDED AND RESTATED SUBSIDIARY PLEDGE AGREEMENTSubsidiary Pledge Agreement • November 16th, 2009 • American Homepatient Inc • Services-home health care services • Tennessee
This SECOND AMENDED AND RESTATED SUBSIDIARY PLEDGE AGREEMENT (as amended, amended and restated or otherwise modified from time to time, this “AGREEMENT”) is dated as of July 1, 2003 and entered into by and between the undersigned, each a subsidiary of AMERICAN HOMEPATIENT, INC., a Delaware corporation, (collectively and/or individually, “PLEDGOR”), and BANK OF MONTREAL, as agent for and representative of (in such capacity herein called “SECURED PARTY”) the financial institutions (“BANKS”) that hold a promissory note payable to such Banks as set forth on Exhibit A attached hereto (the “Promissory Note”) and replaces the Amended and Restated Subsidiary Pledge Agreement dated as of December 28, 1995 between Pledgor and Bankers Trust Company as the predecessor to the Secured Party (the “Prior Pledge Agreement”).
SECOND FORBEARANCE AGREEMENTForbearance Agreement • November 16th, 2009 • American Homepatient Inc • Services-home health care services • Tennessee
This SECOND FORBEARANCE AGREEMENT, dated as of August 31, 2009 (this “Agreement”), is entered into by and among American HomePatient, Inc., a Delaware corporation, American HomePatient, Inc., a Tennessee corporation, Designated Companies, Inc., American HomePatient of New York, Inc., The National Medical Rentals, Inc., American HomePatient of Texas, L.P., AHP, L.P., AHP Home Medical Equipment Partnership of Texas, Colorado Home Medical Equipment Alliance, LLC, Northeast Pennsylvania Alliance, LLC, Northwest Washington Alliance, LLC, AHP Home Care Alliance of Tennessee, AHP Alliance of Columbia, AHP Knoxville Partnership, AHP Home Care Alliance of Gainesville, AHP Home Care Alliance of Virginia (collectively, the “Makers”), NexBank, SSB (as successor in interest to Heritage Bank, SSB, the “Agent”) and those certain entities appearing on Schedule I attached hereto (collectively, the “Forbearing Holders”).
SECOND AMENDED AND RESTATED BORROWER PLEDGE AGREEMENTBorrower Pledge Agreement • November 16th, 2009 • American Homepatient Inc • Services-home health care services • Tennessee
This SECOND AMENDED AND RESTATED BORROWER PLEDGE AGREEMENT (as amended, amended and restated or otherwise modified from time to time, this “AGREEMENT”) is dated as of July 1, 2003 and entered into by and between AMERICAN HOMEPATIENT, INC., a Delaware corporation (“PLEDGOR”), and BANK OF MONTREAL, as agent for and representative of (in such capacity herein called “SECURED PARTY”) the financial institutions (“BANKS”) that hold a promissory note payable to such Banks as set forth on Exhibit A attached hereto (the “Promissory Note”) and replaces the Amended and Restated Borrower Pledge Agreement dated as of December 28, 1995 between Pledgor and Bankers Trust Company as the predecessor to the Secured Party (the “Prior Pledge Agreement”).
AMENDED AND RESTATED SUBSIDIARY PARTNERSHIP SECURITY AGREEMENTSubsidiary Partnership Security Agreement • November 16th, 2009 • American Homepatient Inc • Services-home health care services • Tennessee
This AMENDED AND RESTATED SUBSIDIARY PARTNERSHIP SECURITY AGREEMENT (this “AGREEMENT”) is dated as of July 1, 2003 and entered into by and between the undersigned, each a subsidiary of AMERICAN HOMEPATIENT, INC., a Delaware corporation, (collectively and/or individually, “GRANTOR”), and BANK OF MONTREAL, as agent for and representative of (in such capacity herein called “SECURED PARTY”) the financial institutions (“BANKS”) that hold a promissory note payable to such Banks as set forth on Exhibit A attached hereto (the “Promissory Note”) and amends and restates the Subsidiary Partnership Security Agreement dated as of December 28, 1995 between Grantor and Bankers Trust Company as the predecessor to the Secured Party (the “Prior Security Agreement”).
SECOND AMENDED AND RESTATED COLLECTION BANK AGREEMENTCollection Bank Agreement • November 16th, 2009 • American Homepatient Inc • Services-home health care services • Tennessee
This SECOND AMENDED AND RESTATED COLLECTION BANK AGREEMENT (this “AGREEMENT”) is dated as of July 1, 2003, among __________________ (the “COLLECTION BANK”), AMERICAN HOMEPATIENT, INC. (the “PLEDGOR”), and BANK OF MONTREAL, as agent for and representative of (the “AGENT”) the financial institutions (the “LENDERS”) that hold a promissory note payable to such Lenders as set forth on Exhibit A attached hereto (the “Promissory Note”) and amends and restates the Amended and Restated Collection Bank Agreement dated as of ___, ______ among the Collection Bank, the Pledgor and Agent.
FORBEARANCE AGREEMENTForbearance Agreement • November 16th, 2009 • American Homepatient Inc • Services-home health care services • Tennessee
This FORBEARANCE AGREEMENT, dated as of July 2, 2009 (this “Agreement”), is entered into by and among American HomePatient, Inc., a Delaware corporation, American HomePatient, Inc., a Tennessee corporation, Designated Companies, Inc., American HornePatient of New York, Inc., The National Medical Rentals, Inc., American HomePatient of Texas, L.P., AHP, L.P., AHP Home Medical Equipment Partnership of Texas, Colorado Home Medical Equipment Alliance, LLC, Northeast Pennsylvania Alliance, LLC, Northwest Washington Alliance, LLC, AHP Home Care Alliance of Tennessee, AHP Alliance of Columbia, AHP Knoxville Partnership, AHP Home Care Alliance of Gainesville, AHP Home Care Alliance of Virginia (collectively, the “Makers”), NexBank, SSB (as successor in interest to Heritage Bank, SSB, the “Agent”) and those certain entities appearing on Schedule I attached hereto (collectively, the “Forbearing Holders”).
AMENDED AND RESTATED BORROWER PARTNERSHIP SECURITY AGREEMENTBorrower Partnership Security Agreement • November 16th, 2009 • American Homepatient Inc • Services-home health care services • Tennessee
This AMENDED AND RESTATED BORROWER PARTNERSHIP SECURITY AGREEMENT (this “AGREEMENT”) is dated as of July 1, 2003 and entered into by and between AMERICAN HOMEPATIENT, INC., a Delaware corporation (“GRANTOR”), and BANK OF MONTREAL, as agent for and representative of (in such capacity herein called “SECURED PARTY”) the financial institutions (“BANKS”) that hold a promissory note payable to such Banks as set forth on Exhibit A attached hereto (the “Promissory Note”) and amends and restates the Borrower Partnership Security Agreement dated as of December 28, 1995 between Grantor and Bankers Trust Company as the predecessor to the Secured Party (the “Prior Security Agreement”).
