FIRST AMENDMENTAgreement and Plan of Merger • August 24th, 2005 • Beverly Enterprises Inc • Services-skilled nursing care facilities
FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER, dated as of August 23, 2005 (“First Amendment”), by and among North American Senior Care, Inc., a Delaware corporation (“Parent”), NASC Acquisition Corp., a Delaware corporation and a wholly-owned direct Subsidiary of Parent (“Merger Sub”), Beverly Enterprises, Inc., a Delaware corporation (the “Company”) and, solely for purposes of Article 9 of the Merger Agreement (as hereinafter defined) and Section 3 of this First Amendment, SBEV Property Holdings LLC, a Delaware limited liability company (“SBEV”).
