Co-Issuers. The Notes shall initially be co-issued with Sabra Capital, which is a wholly owned subsidiary of the Operating Partnership and does not have any substantial operations, assets or revenues. The obligations of Sabra Capital as a co-issuer of the Notes shall be automatically released and discharged if Sabra Capital is not liable in respect of any obligations under the 2023 Notes and the 2024 Notes or in respect of any indebtedness under the Credit Agreement (which release and discharge may be concurrent with the release and discharge of Sabra Capital under the 2023 Notes and the 2024 Notes). Following such release and discharge, the Operating Partnership shall be the sole issuer of the Notes and all references to the “Issuers” herein and in the Notes shall refer solely to the Operating Partnership as the sole issuer of the Notes and all terms, covenants, conditions and other provisions herein and in the Notes shall be construed accordingly. The Parent shall deliver an Officer’s Certificate to the Trustee following such release and discharge stating that such release and discharge has occurred.
Appears in 1 contract
Sources: Ninth Supplemental Indenture (Sabra Health Care REIT, Inc.)
Co-Issuers. The Notes shall be initially be co-issued with Sabra Capital, which is a wholly owned subsidiary of the Operating Partnership and does not have any substantial operations, assets or revenues. The obligations of Sabra Capital as a co-issuer of the Notes shall be automatically released and discharged if Sabra Capital is not liable in respect of any obligations under the 2023 Notes and the 2024 Notes or in respect of any indebtedness under the Credit Agreement (which release and discharge may be concurrent with the release and discharge of Sabra Capital under the 2023 Notes and the 2024 Notes). Following such release and discharge, the Operating Partnership shall be the sole issuer of the Notes and all references to the “Issuers” herein and in the Notes Indenture shall refer solely to the Operating Partnership as the sole issuer of the Notes and all terms, covenants, conditions and other provisions herein and in the Notes Indenture shall be construed accordingly. The Parent shall deliver an Officer’s Certificate to the Trustee following such release and discharge stating that such release and discharge has occurred.
Appears in 1 contract
Sources: Ninth Supplemental Indenture (Sabra Health Care REIT, Inc.)