ContractThird Supplemental Indenture • March 14th, 2012 • Aviv Healthcare Properties L.P. • Real estate investment trusts • New York
THIS THIRD SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of December 29, 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”), the entities listed on Schedule I hereto (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”).
BORROWER JOINDER AND AFFIRMATION AGREEMENTJoinder and Affirmation Agreement • March 14th, 2012 • Aviv Healthcare Properties L.P. • Real estate investment trusts • Illinois
THIS BORROWER JOINDER AND AFFIRMATION AGREEMENT (this “Agreement”), dated as of December 29, 2011 (the “Effective Date”), is by and between SANDALWOOD ARKANSAS PROPERTY, L.L.C., a Delaware limited liability company (“Arkansas Borrower”), SOUTHERN CALIFORNIA NEVADA, L.L.C., a Delaware limited liability company (“California Borrower”) and MCCARTHY STREET PROPERTY, L.L.C. (“Pennsylvania Borrower”); together with Arkansas Borrower and California 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 Subsidiaries of
