SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of February 27, 2009 among BROOKDALE SENIOR LIVING INC., as the Borrower, THE SUBSIDIARIES OF THE BORROWER IDENTIFIED HEREIN, as the Guarantors, BANK OF AMERICA, N.A., as Administrative Agent and...Credit Agreement • March 2nd, 2009 • Brookdale Senior Living Inc. • Services-nursing & personal care facilities • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT, entered into as of February 27, 2009 among BROOKDALE SENIOR LIVING INC., a Delaware corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein) and BANK OF AMERICA, N.A., as Administrative Agent and L/C Issuer, amends and restates that certain Amended and Restated Credit Agreement dated as of November 15, 2006 (as amended, modified or otherwise supplemented from time to time, the “Existing Credit Agreement”) by and among the Borrower, certain of its Affiliates, the lenders party thereto from time to time and Bank of America, N.A., as administrative agent for such lenders.
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 2nd, 2009 • Brookdale Senior Living Inc. • Services-nursing & personal care facilities • New York
FIFTH AMENDMENT TO CREDIT AGREEMENT, dated as of February 4, 2009 (this “Amendment”), to the AMENDED AND RESTATED CREDIT AGREEMENT, dated as of November 15, 2006 (as amended by the First Amendment, Consent and Waiver dated as of October 10, 2007, the Second Amendment to Credit Agreement dated as of May 12, 2008, the letter agreement dated September 18, 2008, the Third Amendment to Credit Agreement dated as of October 24, 2008 and the Fourth Amendment to Credit Agreement dated as of January 14, 2009, collectively, the “Existing Credit Agreement”), among BROOKDALE SENIOR LIVING INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities parties to the Existing Credit Agreement (the “Lenders”), LEHMAN BROTHERS INC. and CITIGROUP GLOBAL MARKETS INC., as joint lead arrangers and joint bookrunners (in such capacity, the “Joint Lead Arrangers”), GOLDMAN SACHS CREDIT PARTNERS L.P., LASALLE BANK NATIONAL ASSOCIATION and BANC OF AMERICA SECURITIE
PLEDGE AGREEMENTPledge Agreement • March 2nd, 2009 • Brookdale Senior Living Inc. • Services-nursing & personal care facilities
THIS PLEDGE AGREEMENT (this “Agreement”) is entered into as of February 27, 2009, among BROOKDALE SENIOR LIVING INC., a Delaware corporation (the “Borrower”), each of the Domestic Subsidiaries of the Borrower from time to time party hereto (individually a “Guarantor” and collectively the “Guarantors”; the Guarantors, together with the Borrower, individually an “Obligor” and collectively the “Obligors”) and BANK OF AMERICA, N.A., in its capacity as administrative agent (in such capacity, the “Administrative Agent”) for the holders of the Secured Obligations (defined below).
SECURITY AGREEMENTSecurity Agreement • March 2nd, 2009 • Brookdale Senior Living Inc. • Services-nursing & personal care facilities
THIS SECURITY AGREEMENT (this “Agreement”) is entered into as of February 27, 2009, among each of the Domestic Subsidiaries of Brookdale Senior Living Inc., a Delaware corporation (the “Borrower”) from time to time party hereto (individually an “Obligor” and collectively the “Obligors”) and BANK OF AMERICA, N.A., in its capacity as administrative agent (in such capacity, the “Administrative Agent”) for the holders of the Secured Obligations (defined below).
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 2nd, 2009 • Brookdale Senior Living Inc. • Services-nursing & personal care facilities • New York
FOURTH AMENDMENT TO CREDIT AGREEMENT, dated as of January 14, 2009 (this “Amendment”), to the AMENDED AND RESTATED CREDIT AGREEMENT, dated as of November 15, 2006 (as amended by the First Amendment, Consent and Waiver dated as of October 10, 2007, the Second Amendment to Credit Agreement dated as of May 12, 2008, the letter agreement dated September 18, 2008, and the Third Amendment to Credit Agreement dated as of October 24, 2008, collectively, the “Existing Credit Agreement”), among BROOKDALE SENIOR LIVING INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities parties to the Existing Credit Agreement (the “Lenders”), LEHMAN BROTHERS INC. and CITIGROUP GLOBAL MARKETS INC., as joint lead arrangers and joint bookrunners (in such capacity, the “Joint Lead Arrangers”), GOLDMAN SACHS CREDIT PARTNERS L.P., LASALLE BANK NATIONAL ASSOCIATION and BANC OF AMERICA SECURITIES LLC, as co-arrangers (in such capacity, the “Co-Arrangers”), LASALL
