Nineteenth Supplemental Indenture relating to CHS/Community Health Systems, Inc.s 8.000% Senior Notes due 2019, dated as of July 1, 2019, by and among CHS/Community Health Systems, Inc., the guarantors party thereto and Regions Bank, as successor Trustee
NINETEENTH SUPPLEMENTAL INDENTURE (this Supplemental Indenture), dated as of July 1, 2019, among CHS/COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation (the Issuer), the party identified as a New Subsidiary Guarantor on the signature pages hereto (the New Subsidiary Guarantor) and REGIONS BANK, as successor Trustee under the Indenture (the Trustee).
W I T N E S S E T H:
WHEREAS, each of the Issuer, the Guarantors and the Trustee have heretofore executed and delivered an Indenture as amended, supplemented, waived or otherwise modified (the Indenture), dated as of November 22, 2011, providing for the issuance of the 8.000% Senior Notes due 2019 (the Securities);
WHEREAS, the undersigned New Subsidiary Guarantor has deemed it advisable and in its best interest to execute and deliver this Supplemental Indenture, and to become a New Subsidiary Guarantor under the Indenture; and
WHEREAS, pursuant to Section 9.01(4) of the Indenture, the Trustee, the Issuer and the New Subsidiary Guarantor are authorized to execute and deliver this Supplemental Indenture.
NOW THEREFORE, in consideration of the foregoing and for good and valuable consideration, the receipt of which is hereby acknowledged, the Issuer, the New Subsidiary Guarantor and the Trustee mutually covenant and agree for the equal and ratable benefit of the Holders of the Securities as follows:
SECTION 1. Capitalized Terms. Capitalized terms used herein but not defined shall have the meanings assigned to them in the Indenture.
SECTION 2. Guaranties. The New Subsidiary Guarantor hereby agrees to guarantee the Issuers obligations under the Securities on the terms and subject to the conditions set forth in Article 10 of the Indenture and to be bound by all other applicable provisions of the Indenture as a Subsidiary Guarantor.
SECTION 3. Ratification of Indenture; Supplemental Indentures Part of Indenture. Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, shall inure to the benefit of the Trustee and every Holder of Securities heretofore or hereafter authenticated and the Issuer, the Trustee and every Holder of Securities heretofore or hereafter authenticated and delivered shall be bound hereby.
SECTION 4. Governing Law. THIS SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.
SECTION 5. Trustee Makes No Representation. The Trustee makes no representation as to the validity or sufficiency of this Supplemental Indenture.
SECTION 6. Counterparts. The parties may sign any number of copies of this Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or other electronic transmission shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or other electronic transmission shall be deemed to be their original signatures for all purposes.
SECTION 7. Effect of Headings. The Section headings herein are for convenience only and shall not effect the construction of this Supplemental Indenture.
[Signature page follows]
IN WITNESS WHEREOF, the parties have caused this Supplemental Indenture to be duly executed as of the date first above written.
CHS/COMMUNITY HEALTH SYSTEMS, INC.,
a Delaware corporation
|Kevin J. Hammons|
Senior Vice President, Assistant Chief Financial Officer, Chief Accounting
Officer and Treasurer
|New Subsidiary Guarantor:|
SAN ANGELO HOSPITAL, L.P.,
a Delaware limited partnership
|By:||San Angelo Community Medical Center, LLC, its general partner|
|Kevin J. Hammons|
|Senior Vice President and Treasurer|
|Acting on behalf of the New Subsidiary Guarantor set forth above|
|REGIONS BANK, as Trustee|