Date: May 25, 2006 ML Ref: 06813646 To: Manor Care, Inc. (“Counterparty”) Attention: Steven M. Cavanaugh, Vice President and Chief Financial Officer Matthew Kang, Treasurer From: Merrill Lynch Financial Markets, Inc. (“MLFM”) Merrill Lynch Financial...Manor Care Inc • May 26th, 2006 • Services-skilled nursing care facilities • Delaware
This Confirmation evidences a complete binding agreement between you and us as to the terms of the Transaction to which this Confirmation relates. This Confirmation (notwithstanding anything to the contrary herein), shall be subject to an agreement in the 1992 form of the ISDA Master Agreement (Multicurrency Cross Border) (the “Master Agreement” or “Agreement”) as if we had executed an agreement in such form (but without any Schedule and with elections specified in the “ISDA Master Agreement” Section of the Master Confirmation) on the Trade Date. In the event of any inconsistency between the provisions of that agreement and this Confirmation, this Confirmation will prevail for the purpose of the Transaction.
