ASSET PURCHASE AGREEMENT by and Between KINDRED HEALTHCARE OPERATING, INC. And BM EAGLE HOLDINGS, LLC Dated as of June 30, 2017 (July 3rd, 2017)
THIS ASSET PURCHASE AGREEMENT (this Agreement), dated as of June 30, 2017 (the Execution Date), is by and between Kindred Healthcare Operating, Inc., a Delaware corporation (Seller or Kindred), and BM Eagle Holdings, LLC, a Delaware limited liability company (Purchaser). Each of Seller and Purchaser may be referred to herein as a Party and collectively as the Parties. Each of the BlueMountain Foinaven Master Fund L.P., BlueMountain Logan Opportunities Master Fund, L.P., BlueMountain Montenvers Master Fund, SCA SICAV-SIF BlueMountain Guadalupe Peak Fund L.P., BlueMountain Summit Opportunities Fund II (US) L.P., and BMSB L.P. (each a Fund, and collectively, the Funds) is a party hereto solely for the purposes of Sections 5.6, 5.8, 10.2(b)(i) and 10.4.
Amended and Restated Employment Agreement (February 28th, 2017)
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the "Agreement") is made on November 15, 2016 (the "Effective Date"), by and between Kindred Healthcare Operating, Inc., a Delaware corporation (the "Company"), and Michael W. Beal (the "Executive").