BORROWER JOINDER AND AFFIRMATION AGREEMENTJoinder and Affirmation Agreement • November 14th, 2011 • Aviv Healthcare Properties L.P. • Real estate investment trusts • Illinois
THIS BORROWER JOINDER AND AFFIRMATION AGREEMENT (this “Agreement”), dated as of November 1, 2011 (the “Effective Date”), is by and between OHIO PENNSYLVANIA PROPERTY, L.L.C., a Delaware limited liability company (“Ohio Penn Borrower”), KANSAS FIVE PROPERTY, L.L.C., a Delaware limited liability company (“Kansas Borrower”) and MURRAY COUNTY, L.L.C., a Delaware limited liability company (“Murray Borrower”; together with Ohio Penn Borrower and Kansas Borrower, each an “Additional Borrower” and collectively, the “Additional Borrowers”), AVIV FINANCING I, L.L.C., a Delaware limited liability company (the “Parent Borrower”) and GENERAL ELECTRIC CAPITAL CORPORATION (together with its successors as assigns, the “Administrative Agent”), in its capacity as Administrative Agent under that certain Credit Agreement (as it may be amended, modified, restated or supplemented from time to time, the “Credit Agreement”), dated as of September 17, 2010, by and among the Parent Borrower, certain Subsidiarie
ContractSupplemental Indenture • November 14th, 2011 • Aviv Healthcare Properties L.P. • Real estate investment trusts • New York
THIS SECOND SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of November 1, 2011, is made by and among Aviv Healthcare Properties Limited Partnership, a Delaware limited partnership (the “Partnership”), and Aviv Healthcare Capital Corporation, a Delaware corporation (each, an “Issuer”, and together, the “Issuers”), Aviv REIT, Inc., a Maryland corporation (the “Parent”), as Guarantor, the other Subsidiary Guarantors named in the Indenture (as defined herein) (the “Subsidiary Guarantors”), Kansas Five Property, L.L.C., a Delaware limited liability company, Murray County, L.L.C., a Delaware limited liability company, and Ohio Pennsylvania Property, L.L.C., a Delaware limited liability company (collectively, the “New Guarantors”), as Subsidiary Guarantors, and The Bank of New York Mellon Trust Company, N.A., a national banking association organized and existing under the laws of the United States of America, as Trustee (the “Trustee”).
