0001047334-07-000022 Sample Contracts

AMENDMENT AND WAIVER NO. 1 TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • April 11th, 2007 • National Health Realty Inc • Real estate investment trusts • Delaware

This Amendment and Waiver No. 1 (this “Amendment”) to that certain Agreement and Plan of Merger (the “Merger Agreement”), dated as of April 6 , 2007, among DAVIS ACQUISITION SUB LLC, a Delaware limited liability company (“NHC/OP Sub”), NHC/OP, L.P., a Delaware limited partnership and the direct parent of NHC/OP Sub (“NHC/OP”), NATIONAL HEALTHCARE CORPORATION, a Delaware corporation and the ultimate parent of NHC/OP, (“Parent”), and NATIONAL HEALTH REALTY, INC., a Maryland corporation (the “Company”).

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