THIRD AMENDMENT TO CREDIT AND GUARANTY AGREEMENT Dated as of March 31, 2009 among VENTAS REALTY, LIMITED PARTNERSHIP AND THE ADDITIONAL BORROWERS LISTED HEREIN, as Borrower, THE GUARANTORS REFERRED TO HEREIN, THE LENDERS REFERRED TO HEREIN and BANK OF...Credit and Guaranty Agreement • April 3rd, 2009 • Ventas Inc • Real estate investment trusts • New York
Any increase or decrease in the Applicable Percentage resulting from a change in the Consolidated Total Leverage Ratio shall become effective as of the first Business Day immediately following the date a Compliance Certificate is required to be delivered pursuant to Section 6.2(a); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then Pricing Level I shall apply as of the first Business Day after the date on which such Compliance Certificate was required to have been delivered until the Business Day following the delivery of the Compliance Certificate. The Applicable Percentage in effect from the Third Amendment Date through the first Business Day following delivery of the Compliance Certificate pursuant to Section 6.2(a) with respect to the fiscal quarter ending March 31, 2009 shall be determined based upon Pricing Level IV.
