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EIGHTH SUPPLEMENTAL INDENTURE

Addendum or Modifications

EIGHTH SUPPLEMENTAL INDENTURE | Document Parties: CRC Health Corporation | US Bank National Association | CRC Holdings, LLC You are currently viewing:
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CRC Health Corporation | US Bank National Association | CRC Holdings, LLC

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Title: EIGHTH SUPPLEMENTAL INDENTURE
Governing Law: New York     Date: 3/27/2009

EIGHTH SUPPLEMENTAL INDENTURE, Parties: crc health corporation , us bank national association , crc holdings  llc
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Exhibit 4.1i

 

EIGHTH SUPPLEMENTAL INDENTURE

 

THIS EIGHTH SUPPLEMENTAL INDENTURE dated as of November ___, 2008 among CRC Health Corporation, a Delaware corporation (the “ Company ”), the Guarantors, CRC Holdings, LLC, a Delaware limited liability company (the “ New Guarantor ”) and U.S. Bank National Association, as trustee (the “ Trustee ”).

 

WHEREAS, the Company and the Guarantors have heretofore executed and delivered to the Trustee an indenture dated as of February 6, 2006 (the “ Indenture ”), providing for the issuance of $200 million aggregate principal amount of the Company’s 10.75% Senior Subordinated Notes due 2016 (the “ Notes ”), as supplemented by the First Supplemental Indenture, dated as of July 7, 2006 (the “ First Supplemental Indenture ”), the Second Supplemental Indenture, dated as of September 28, 2006 (the “ Second Supplemental Indenture ”), the Third Supplemental Indenture, dated as of October 24, 2006 (the “ Third Supplemental Indenture ”), the Fourth Supplemental Indenture, dated as of November 17, 2006 (the “ Fourth Supplemental Indenture ”), the Fifth Supplemental Indenture, dated as of April 27, 2007 (the “ Fifth Supplemental Indenture ”), the Sixth Supplemental Indenture, dated as of July 26, 2007 (the “ Sixth Supplemental Indenture ”), and the Seventh Supplemental Indenture, dated as of May 29, 2008 (the “ Seventh Supplemental Indenture ”);

 

WHEREAS, the Company and the Guarantors propose to further amend and supplement the Indenture to join the New Guarantor, an indirect subsidiary of the Company, as a party to the Indenture, as a Guarantor thereunder;

WHEREAS, pursuant to Section 8.01 of the Indenture, the Company and the Trustee may amend, waive or supplement the Indenture, the Notes or the Guarantees without the consent of any Holders to make any change that would provide additional rights or benefits to the holders of Notes or that does not adversely affect the legal rights under the Indenture of any such holder;

WHEREAS, the Company, each Guarantor and the New Guarantor have been authorized by their respective board of directors, managers, members, partners, or general partners, as applicable, to enter into this Eighth Supplemental Indenture;

WHEREAS, all other acts and proceedings required by law, by the Indenture and by the respective certificates of incorporation, certificates of formation, limited liability company agreements, partnership agreements, limited partnership agreements, by-laws and other organizational documents of the Company, each Guarantor and the New Guarantor to make this Eighth Supplemental Indenture a valid and binding agreement for the purposes expressed herein, in accordance with its terms, have been duly performed;

WHEREAS, pursuant to Section 8.06 of the Indenture, the Trustee is authorized to execute and deliver this Eighth Supplemental Indenture;

WHEREAS, the Company hereby requests that the Trustee execute and deliver this Eighth Supplemental Indenture;

 

NOW, THEREFORE, for in consideration of the premises herein contained and in order to effect the proposed amendment to join the New Guarantor to the Indenture pursuant to Section 8.01 of the Indenture, the Company, the New Guarantor and the Guarantors agree with the Trustee as follows:

 

ARTICLE I

 

Amendment of Indenture

 

1.1.   Amendment of Indenture .  As of the date hereof, this Eighth Supplemental Indenture amends the Indenture by joining the New Guarantor as a party to the Indenture, as a Guarantor thereunder.

 

1.2.   Execution and Delivery of Note Guarantee .  Upon the effectiveness of this Eighth Supplemental Indenture, the New Guarantor agrees that a notation of its Guarantee substantially in the form attached as Exhibit G to the Indenture, will be endorsed by a duly authorized officer of the New Guarantor on each Note authenticated and delivered by the Trustee under the Indenture.

 

ARTICLE II

 

Miscellaneous Provisions

 

2.1.   Instruments to be Read Together .  This Eighth Supplemental Indenture is an indenture supplemental to and in implementation of the Indenture, and said Indenture, the First Supplemental Indenture, the Second Supplemental Indenture, the Third Supplemental Indenture the Fourth Supplemental Indenture, the Fifth Supplemental Indenture, the Sixth Supplemental Indenture, the Seventh Supplemental Indenture and this Eighth Supplemental Indenture shall henceforth be read together.

 

2.2.   Confirmation .  The Indenture as amended and supplemented by the First Supplemental Indenture, the Second Supplemental Indenture, the Third Supplemental Indenture, the Fourth Supplemental Indenture, the Fifth Supplemental Indenture, the Sixth Supplemental Indenture, the Seventh Supplemental Indenture and further amended and supplemented by this Eighth Supplemental Indenture is in all respects confirmed and preserved.

 

2.3.   Terms Defined .  Capitalized terms used herein without definition shall have the meanin


 
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