Common use of USE THE FOLLOWING Clause in Contracts

USE THE FOLLOWING. Operator operates the Healthcare Facility, pursuant to that certain [title of Operator Lease or other agreement with Borrower], as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”)] [IF THERE IS A MASTER LEASE, USE THE FOLLOWING: Borrower has leased the Healthcare Facility to __ __ (“Master Tenant”) pursuant to that certain [Name of Master Lease], dated as of __ __, as amended from time to time (“Master Lease”). Master Tenant has subleased the Healthcare Facility to Operator to operate the Healthcare Facility, pursuant to that certain [title of Operator sub-lease with Master Tenant] dated as of __ __, as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”).] Operator is subject to that certain Healthcare Regulatory Agreement – Operator between Operator and the U.S. Department of Housing and Urban Development, acting by and through the Secretary, his or her successors, assigns or designates (“HUD”), relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Operator Regulatory Agreement”). [IF THERE IS A MASTER LEASE, ADD THE FOLLOWING: Master Tenant is subject to that certain Healthcare Regulatory Agreement – Master Tenant between Master Tenant and HUD relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Master Tenant Regulatory Agreement”). In addition to the Healthcare Facility, Master Tenant is or will be leasing a number of other healthcare facilities (the “Other Healthcare Facilities”), pursuant to the Master Lease, and subleasing each in turn to an affiliated operator (collectively, the “Other Operators”), each pursuant to a sublease agreement, as now or hereafter amended and/or renewed or extended (collectively the “Other Subleases”). Lender has or may extend loans in connection with each of the Other Healthcare Facilities, each such loan insured by HUD pursuant to Section 232 of the National Housing Act, as amended, or subsequent legislation (the “Other FHA-insured Loans”).]

USE THE FOLLOWING. Operator operates the Healthcare Facility, pursuant to that certain [title title of Operator Lease or other agreement with BorrowerBorrower], as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”)] [IF THERE IS A MASTER LEASE, USE THE FOLLOWING: Borrower has leased the Healthcare Facility to __ __________________ (“Master Tenant”) pursuant to that certain [Name Name of Master LeaseXxxxx], dated as of __ ________, as amended from time to time (“Master Lease”). Master Tenant has subleased the Healthcare Facility to Operator to operate the Healthcare Facility, pursuant to that certain [title title of Operator Operator’s sub-lease with Master TenantTenant] dated as of __ ________, as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”).] Operator is subject to that certain Supplemental Healthcare Regulatory Agreement – Operator between Operator and the U.S. Department of Housing and Urban Development, acting by and through the Secretary, his or her successors, assigns or designates (“HUD”), relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Operator Regulatory Agreement”). [IF THERE IS A MASTER LEASE, ADD THE FOLLOWING: Master Tenant is subject to that certain Supplemental Healthcare Regulatory Agreement – Master Tenant between Master Tenant and HUD relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Master Tenant Regulatory Agreement”). In addition to the Healthcare Facility, Master Tenant is or will be leasing a number of other healthcare facilities (the “Other Healthcare Facilities”), pursuant to the Master Lease, and subleasing each in turn to an affiliated operator (collectively, the “Other Operators”), each pursuant to a sublease agreement, as now or hereafter amended and/or renewed or extended (collectively the “Other Subleases”). Lender has or may extend loans in connection with each of the Other Healthcare Facilities, each such loan insured by HUD pursuant to Section 232 of the National Housing Act, as amended, or subsequent legislation (the “Other FHA-insured Loans”).] In connection with the Loan, Borrower, among other things (i) granted to Lender that certain Supplemental Healthcare [Mortgage, Deed of Trust, Deed to Secure Debt, Security Deed or other Designation as appropriate in Jurisdiction], Assignment of Leases, Rents and Revenue and Security Agreement, dated as of even date herewith, encumbering the Project, which has been or is concurrently herewith being recorded in the real estate records of the jurisdiction in which the Land is located (the “Borrower Security Instrument”), and (ii) entered into a Supplemental Healthcare Regulatory Agreement – Borrower with HUD, dated as of even date herewith (the “Borrower Regulatory Agreement”). Operator expects to benefit from the operation of the Supplemental Healthcare Facility and has agreed to enter into this Agreement with Lender as security for the Obligations (as defined below). This Agreement, the Note, the Borrower Security Instrument, the Borrower Regulatory Agreement, [the Master Tenant Regulatory Agreement,] the Operator Regulatory Agreement, and all other agreements, instruments, and documents which are now existing or are in the future required by, delivered to, and/or assigned to Lender and/or HUD in connection with or related to the Loan, whether executed or delivered by or on behalf of Borrower or Operator [or Master Tenant], as the same may be amended from time to time, are sometimes collectively referred to as the “Loan Documents,” provided that the Borrower-Operator Agreement [and the Master Lease], and any amendments thereto, shall not be considered to be Loan Documents. As the operator of the Healthcare Facility, Operator acknowledges and agrees that it shall benefit directly or indirectly from the making of the Loan to Borrower. [If applicable, include the following sentence: Further, Operator acknowledges that it has an identity of interest with Xxxxxxxx.]

USE THE FOLLOWING. Operator operates the Healthcare Facility, pursuant to that certain [title title of Operator Lease or other agreement with BorrowerBorrower], as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”)] [IF THERE IS A MASTER LEASE, USE THE FOLLOWING: Borrower has leased the Healthcare Facility to __ __________________ (“Master Tenant”) pursuant to that certain [Name Name of Master LeaseXxxxx], dated as of __ ________, as amended from time to time (“Master Lease”). Master Tenant has subleased the Healthcare Facility to Operator to operate the Healthcare Facility, pursuant to that certain [title title of Operator Operator’s sub-lease with Master TenantTenant] dated as of __ ________, as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”).] Operator is subject to that certain Healthcare Regulatory Agreement – Operator between Operator and the U.S. Department of Housing and Urban Development, acting by and through the Secretary, his or her successors, assigns or designates (“HUD”), relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Operator Operator’s Regulatory Agreement”). [IF THERE IS A MASTER LEASE, ADD THE FOLLOWING: Master Tenant is subject to that certain Healthcare Regulatory Agreement – Master Tenant between Master Tenant and HUD relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Master Tenant Tenant’s Regulatory Agreement”). In addition to the Healthcare Facility, Master Tenant is or will be leasing a number of other healthcare facilities (the “Other Healthcare Facilities”), pursuant to the Master Lease, and subleasing each in turn to an affiliated operator (collectively, the “Other Operators”), each pursuant to a sublease agreement, as now or hereafter amended and/or renewed or extended (collectively the “Other Subleases”). Lender has or may extend loans in connection with each of the Other Healthcare Facilities, each such loan insured by HUD pursuant to Section 232 of the National Housing Act, as amended, or subsequent legislation (the “Other FHA-insured Loans”).]

USE THE FOLLOWING. Operator operates the Healthcare Facility, pursuant to that certain [title of Operator Lease or other agreement with Borrower], as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”)] [IF THERE IS A MASTER LEASE, USE THE FOLLOWING: Borrower has leased the Healthcare Facility to __ __ (“Master Tenant”) pursuant to that certain [Name of Master Lease], dated as of __ __, as amended from time to time (“Master Lease”). Master Tenant has subleased the Healthcare Facility to Operator to operate the Healthcare Facility, pursuant to that certain [title of Operator Operator’s sub-lease with Master Tenant] dated as of __ __, as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”).] Operator is subject to that certain Healthcare Regulatory Agreement – Operator between Operator and the U.S. Department of Housing and Urban Development, acting by and through the Secretary, his or her successors, assigns or designates (“HUD”), relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Operator Operator’s Regulatory Agreement”). [IF THERE IS A MASTER LEASE, ADD THE FOLLOWING: Master Tenant is subject to that certain Healthcare Regulatory Agreement – Master Tenant between Master Tenant and HUD relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Master Tenant Tenant’s Regulatory Agreement”). In addition to the Healthcare Facility, Master Tenant is or will be leasing a number of other healthcare facilities (the “Other Healthcare Facilities”), pursuant to the Master Lease, and subleasing each in turn to an affiliated operator (collectively, the “Other Operators”), each pursuant to a sublease agreement, as now or hereafter amended and/or renewed or extended (collectively the “Other Subleases”). Lender has or may extend loans in connection with each of the Other Healthcare Facilities, each such loan insured by HUD pursuant to Section 232 of the National Housing Act, as amended, or subsequent legislation (the “Other FHA-insured Loans”).]

USE THE FOLLOWING. Operator operates the Healthcare Facility, pursuant to that certain [title title of Operator Lease or other agreement with BorrowerBorrower], as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”)] [IF THERE IS A MASTER LEASE, USE THE FOLLOWING: Borrower has leased the Healthcare Facility to __ __________________ (“Master Tenant”) pursuant to that certain [Name Name of Master LeaseXxxxx], dated as of __ ________, as amended from time to time (“Master Lease”). Master Tenant has subleased the Healthcare Facility to Operator to operate the Healthcare Facility, pursuant to that certain [title title of Operator Operator’s sub-lease with Master TenantTenant] dated as of __ ________, as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”).] Operator is subject to that certain Supplemental Healthcare Regulatory Agreement – Operator between Operator and the U.S. Department of Housing and Urban Development, acting by and through the Secretary, his or her successors, assigns or designates (“HUD”), relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Operator Operator’s RegulatoryOperator Regulatory Agreement”). [IF THERE IS A MASTER LEASE, ADD THE FOLLOWING: Master Tenant is subject to that certain Supplemental Healthcare Regulatory Agreement – Master Tenant between Master Tenant and HUD relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Master Tenant Tenant’s RegulatoryTenant Regulatory Agreement”). In addition to the Healthcare Facility, Master Tenant is or will be leasing a number of other healthcare facilities (the “Other Healthcare Facilities”), pursuant to the Master Lease, and subleasing each in turn to an affiliated operator (collectively, the “Other Operators”), each pursuant to a sublease agreement, as now or hereafter amended and/or renewed or extended (collectively the “Other Subleases”). Lender has or may extend loans in connection with each of the Other Healthcare Facilities, each such loan insured by HUD pursuant to Section 232 of the National Housing Act, as amended, or subsequent legislation (the “Other FHA-insured Loans”).] In connection with the Loan, Borrower, among other things (i) granted to Lender that certain Supplemental Healthcare [Mortgage, Deed of Trust, Deed to Secure Debt, Security Deed or other Designation as appropriate in Jurisdiction], Assignment of Leases, Rents and Revenue and Security Agreement, dated as of even date herewith, encumbering the Project, which has been or is concurrently herewith being recorded in the real estate records of the jurisdiction in which the Land is located (the “Borrower’s SecurityBorrower Security Instrument”), and (ii) entered into a Supplemental Healthcare Regulatory Agreement – Borrower with HUD, dated as of even date herewith (the “Borrower’s RegulatoryBorrower Regulatory Agreement”). Operator expects to benefit from the operation of the Supplemental Healthcare Facility and has agreed to enter into this Agreement with Lender as security for the Obligations (as defined below). This Agreement, the Note, the Borrower’s SecurityBorrower Security Instrument, the Borrower’s RegulatoryBorrower Regulatory Agreement, [the Master Tenant’s RegulatoryTenant Regulatory Agreement,] the Operator’s RegulatoryOperator Regulatory Agreement, and all other agreements, instruments, and documents which are now existing or are in the future required by, delivered to, and/or assigned to Lender and/or HUD in connection with or related to the Loan, whether executed or delivered by or on behalf of Borrower or Operator [or Master Tenant], as the same may be amended from time to time, are sometimes collectively referred to as the “Loan Documents,” provided that the Borrower-Operator Agreement [and the Master Lease], and any amendments thereto, shall not be considered to be Loan Documents. As the operator of the Healthcare Facility, Operator acknowledges and agrees that it shall benefit directly or indirectly from the making of the Loan to Borrower. [If applicable, include the following sentence: Further, Operator acknowledges that it has an identity of interest with Xxxxxxxx.]

USE THE FOLLOWING. Operator operates the Healthcare Facility, pursuant to that certain [title of Operator Lease or other agreement with Borrower], as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”)] [IF THERE IS A MASTER LEASE, USE THE FOLLOWING: Borrower has leased the Healthcare Facility to __ __________________ (“Master Tenant”) pursuant to that certain [Name Name of Master LeaseXxxxx], dated as of __ ________, as amended from time to time (“Master Lease”). Master Tenant has subleased the Healthcare Facility to Operator to operate the Healthcare Facility, pursuant to that certain [title title of Operator Operator’s sub-lease with Master TenantTenant] dated as of __ ________, as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”).] Operator is subject to that certain Healthcare Regulatory Agreement (Operator) for Healthcare,– Operator between Operator and the U.S. Department of Housing and Urban Development, acting by and through the Secretary, his or her successors, assigns or designates (“HUD”), relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (“Operator’s Regulatory Agreement”). (the “Operator Operator’s Regulatory Agreement”). [IF THERE IS A MASTER LEASE, ADD THE FOLLOWING: Master Tenant is subject to that certain Healthcare Regulatory Agreement – Master Tenant between Master Tenant and HUD relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Master Tenant Tenant’s Regulatory Agreement”). In addition to the Healthcare Facility, Master Tenant is or will be leasing a number of other healthcare facilities (the “Other Healthcare Facilities”), pursuant to the Master Lease, and subleasing each in turn to an affiliated operator (collectively, the “Other Operators”), each pursuant to a sublease agreement, as now or hereafter amended and/or renewed or extended (collectively the “Other Subleases”). Lender has or may extend loans in connection with each of the Other Healthcare Facilities, each such loan insured by HUD pursuant to Section 232 of the National Housing Act, as amended, or subsequent legislation (the “Other FHA-insured Loans”).]

USE THE FOLLOWING. Operator operates the Healthcare Facility, pursuant to that certain [title of Operator Lease or other agreement with Borrower], as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”)] [IF THERE IS A MASTER LEASE, USE THE FOLLOWING: Borrower has leased the Healthcare Facility to __ __ (“Master Tenant”) pursuant to that certain [Name of Master Lease], dated as of __ __, as amended from time to time (“Master Lease”). Master Tenant has subleased the Healthcare Facility to Operator to operate the Healthcare Facility, pursuant to that certain [title of Operator Operator’s's sub-lease with Master Tenant] dated as of __ __, as now or hereafter amended, and/or renewed or extended (the “Borrower-Operator Agreement”).] Operator is subject to that certain Healthcare Regulatory Agreement – Operator between Operator and the U.S. Department of Housing and Urban Development, acting by and through the Secretary, his or her successors, assigns or designates (“HUD”), relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Operator Operator’s’s Regulatory Agreement”). [IF THERE IS A MASTER LEASE, ADD THE FOLLOWING: Master Tenant is subject to that certain Healthcare Regulatory Agreement – Master Tenant between Master Tenant and HUD relating to the Healthcare Facility and made as of substantially even date herewith, as the same may be amended from time to time (the “Master Tenant Xxxxxx’x’x Regulatory Agreement”). In addition to the Healthcare Facility, Master Tenant is or will be leasing a number of other healthcare facilities (the “Other Healthcare Facilities”), pursuant to the Master Lease, and subleasing each in turn to an affiliated operator (collectively, the “Other Operators”), each pursuant to a sublease agreement, as now or hereafter amended and/or renewed or extended (collectively the “Other Subleases”). Lender has or may extend loans in connection with each of the Other Healthcare Facilities, each such loan insured by HUD pursuant to Section 232 of the National Housing Act, as amended, or subsequent legislation (the “Other FHA-insured Loans”).]