THIRD AMENDMENTAgreement and Plan of Merger • November 21st, 2005 • Beverly Enterprises Inc • Services-skilled nursing care facilities
Contract Type FiledNovember 21st, 2005 Company IndustryTHIRD AMENDMENT TO AGREEMENT AND PLAN OF MERGER, dated as of November 20, 2005 (“Third Amendment”), by and among North American Senior Care, Inc., a Delaware corporation (“NASC”), NASC Acquisition Corp., a Delaware corporation and a wholly-owned direct Subsidiary of NASC (“NASC Acquisition”), Pearl Senior Care, Inc., a Delaware corporation (“PSC”), PSC Sub, Inc., a Delaware corporation and wholly-owned direct Subsidiary of PSC (“PSC 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 4 of this Third Amendment, SBEV Property Holdings LLC, a Delaware limited liability company (“SBEV”), and Geary Property Holdings LLC, a Delaware limited liability company (“GPH”).