AMENDED AND RESTATED GUARANTY AGREEMENTGuaranty Agreement • September 30th, 2010 • Assisted Living Concepts Inc • Services-nursing & personal care facilities • Iowa
Contract Type FiledSeptember 30th, 2010 Company Industry JurisdictionThis AMENDED AND RESTATED GUARANTY AGREEMENT amends, replaces and supersedes the original Guaranty Agreement dated June 12, 2009. In order to induce TCF NATIONAL BANK, a national banking corporation (the “Bank”), to make certain loans in the amount of: (a) Thirteen Million Five Hundred Sixty Thousand Eight Hundred Twenty and 23/100 Dollars ($13,560,820.23); and (b) Twelve Million Dollars Two Hundred Fifty Thousand and 00/100 Dollars ($12,250,000.00) (the “Loans”); to ALC THREE, LLC, a Wisconsin limited liability company (the “Borrower”), pursuant to an Amended and Restated Loan Agreement dated September 30, 2010 between the Borrower and the Bank, (the “Loan Agreement”), the obligation for repayment of which Loans are evidenced by two (2) separate promissory notes of even date herewith from the Borrower, as maker, to the Bank, as holder (refereed to herein together with any and all amendments, extensions, modifications, substitutions, replacements, refinancings, conversions or renewals