FIRST AMENDED AND RESTATED PROMISSORY NOTEClearday, Inc. • February 22nd, 2024 • Services-nursing & personal care facilities • Indiana
WHEREAS, Borrower (defined below) and Lender (defined below) are parties to that certain Lease Transition Agreement, dated as of March 31, 2023 (together with all modifications, amendments, restatements, renewals and/or extensions thereof including that certain First Amendment to Lease Transition Agreement, dated as of July 31, 2023, and that Second Amendment to Lease Transition Agreement, dated as of December 15, 2023, collectively, the “Transition Agreement”), whereby, among other things, Borrower and Lender agreed to the manner in which Borrower would pay to Lender certain obligations of Borrower arising as a result of Borrower’s default of its obligations arising under the Leases; and
