ContractMemorandum of Understanding • August 14th, 2002 • Alterra Healthcare Corp • Services-social services
MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (this “Agreement”) is entered into as of April 9, 2002 (the “Effective Date”) among ALTERRA HEALTHCARE CORPORATION, a Delaware corporation (“Guarantor”), ALS LEASING, INC., a Delaware corporation (“ALS”), ASSISTED LIVING PROPERTIES, INC., a Kansas corporation (“ALP” and, together with ALS, “Tenant”), and the ENTITIES LISTED ON SCHEDULE 1 to this Agreement (collectively, “Landlord”). R E C I T A L S A. Landlord and Tenant have entered into that certain Master Lease dated as of even date herewith (the “Lease”) pursuant to which Tenant shall lease from Landlord the Premises as described therein. Initially capitalized terms used but not otherwise defined in this Agreement shall have the meanings given to them in the Lease. B. Pursuant to its separate Guaranty of Master Lease and Letter of Credit Agreement of even date herewith (the “Guaranty”), Guarantor has unconditionally guarantied to Landlord, among other thin
ContractSettlement Agreement • August 14th, 2002 • Alterra Healthcare Corp • Services-social services • Ohio
SETTLEMENT AGREEMENT REGARDING LOANS by and among ALS NATIONAL, INC. ALTERRA HEALTHCARE CORPORATION KEY CORPORATE CAPITAL INC., and the LENDERS (as defined herein) Dated as of June 25, 2002
ContractMemorandum of Understanding • August 14th, 2002 • Alterra Healthcare Corp • Services-social services
MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (this “Agreement”) is entered into as of April 9, 2002 (the “Effective Date”) among ALterra Healthcare Corporation, a Delaware corporation (“Tenant”), and the ENTITIES LISTED ON SCHEDULE 1 to this Agreement (collectively, “Landlord”). R E C I T A L S A. Landlord and Tenant have entered into that certain Master Lease dated as of even date herewith (the “Lease”) pursuant to which Tenant shall lease from Landlord the Premises as described therein. Initially capitalized terms used but not otherwise defined in this Agreement shall have the meanings given to them in the Lease. B. It is presently contemplated by Tenant that Tenant may file a voluntary petition for protection under Chapter 11 of the United States Bankruptcy Code (the “Bankruptcy Code”). Tenant has requested that Landlord forbear from exercising certain remedies available to it upon a bankruptcy filing by or against Tenant under the Lease. C. Tenant and
ContractLetter of Credit Agreement • August 14th, 2002 • Alterra Healthcare Corp • Services-social services • California
LETTER OF CREDIT AGREEMENT This “Agreement” is entered into as of April 9, 2002 between the Entities Listed on Schedule 1 (collectively, “Beneficiary”), and Alterra Healthcare Corporation, a Delaware corporation (“Tenant”), as an inducement to Beneficiary to enter into that certain Master Lease with Tenant dated the date hereof (the “Lease”). All initially capitalized terms used but not otherwise defined herein have the meanings given them in the Lease. Thus, for valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. LETTER(S) OF CREDIT. On or before April 10, 2002, Tenant shall cause U.S. Bank National Association to issue a letter of credit in the amount of $2,214,925.82 in form and substance acceptable to Landlord in its sole and absolute discretion (the “Initial Letter of Credit”). “Letter(s) of Credit” as used herein shall mean any letter of credit issued pursuant to this Agreement or the Lease, including the Initial L
