ASSET PURCHASE AGREEMENT by and between KINDRED HEALTHCARE OPERATING, INC. and BM EAGLE HOLDINGS, LLC Dated as of June 30, 2017Asset Purchase Agreement • July 3rd, 2017 • Kindred Healthcare, Inc • Services-nursing & personal care facilities • Delaware
THIS ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of June 30, 2017 (the “Execution Date”), is by and between Kindred Healthcare Operating, Inc., a Delaware corporation (“Seller” or “Kindred”), and BM Eagle Holdings, LLC, a Delaware limited liability company (“Purchaser”). Each of Seller and Purchaser may be referred to herein as a “Party” and collectively as the “Parties.” Each of the BlueMountain Foinaven Master Fund L.P., BlueMountain Logan Opportunities Master Fund, L.P., BlueMountain Montenvers Master Fund, SCA SICAV-SIF BlueMountain Guadalupe Peak Fund L.P., BlueMountain Summit Opportunities Fund II (US) L.P., and BMSB L.P. (each a “Fund”, and collectively, the “Funds”) is a party hereto solely for the purposes of Sections 5.6, 5.8, 10.2(b)(i) and 10.4.
