AMENDMENT NO. 5 TO THE KINDRED 401(k) PLAN
EXHIBIT 10.13
AMENDMENT NO. 5
TO THE
KINDRED 401(k) PLAN
This is Amendment No. 5 to the Kindred 401(k) Plan (the “Plan”) as last amended and restated as of January 1, 2003, which amendment shall be effective as of December 27, 2006.
RECITALS
| A. | Kindred Healthcare, Inc. (the “Company”) maintains the Plan and has reserved the right in Section 9.1 of the Plan to amend the Plan from time to time in its discretion. |
| B. | The Company desires to amend the Plan in order to provide for participation in the Plan by employers who are managed by the Company pursuant to a management agreement or partnership that has been accepted as a Participating Employer. |
AMENDMENTS
1. Appendix B to the Plan is hereby amended to add the following at the end thereof:
As of March 1, 2006.
Partnerships
| Name of Partnership | Partners | Total Direct or Indirect Kindred Ownership | ||
| KPS Denver, LLC #8410 | KPS Mountain, Inc. – 51% ARC Pharmacy Services, LLC – 49% | 51% |
As of May 1, 2006.
Partnerships
| Name of Partnership | Partners | Total Direct or Indirect Kindred Ownership | ||
| KPS Dallas Limited Partnership #8413 | Kindred Institutional Pharmacy Services – 50% KPS Dallas Holdings, LLC – 1% ARC Pharmacy Services, LLC – 49% | 51% | ||
| KPS Phoenix, LLC #8412 | Kindred Institutional Pharmacy Services – 51% ARC Pharmacy Services, LLC – 49% | 51% | ||
As of July 1, 2006.
Partnerships
| Name of Partnership | Partners | Total Direct | ||
| KPS Houston Limited Partnership #8421 | Kindred Institutional Pharmacy Services– 50% KPS Houston Holdings, LLC– 1% ARC Pharmacy Services, LLC– 49% | 51% | ||
| KPS San Antonio Limited Partnership #8419 | Kindred Institutional Pharmacy Services– 50% KPS San Antonio Holdings, LLC– 1% ARC Pharmacy Services, LLC– 49% | 51% | ||
IN WITNESS WHEREOF, the Employer has caused this Amendment No. 5 to be executed this 27th day of December 2006.
| KINDRED HEALTHCARE, INC. | ||
| By | /s/ Richard E. Chapman | |
| Title: | Executive Vice President and Chief Administrative and Information Officer | |
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