THIS JOINDER
AGREEMENT (the “Agreement”), effective as of
July 20, 2006, is by and between IASIS GLENWOOD REGIONAL
MEDICAL CENTER, L.P. , a Delaware limited partnership (the
“Subsidiary”), and BANK OF AMERICA, N.A. , in
its capacity as Administrative Agent under that certain Amended and
Restated Credit Agreement (as it may be amended, modified, restated
or supplemented from time to time, the “Credit
Agreement”), dated as of June 22, 2004, by and among
IASIS HEALTHCARE LLC, a Delaware limited liability company (the
“Borrower”), the Guarantors, the Lenders and Bank of
America, N.A., as Administrative Agent, Swingline Lender and L/C
Issuer. All of the defined terms in the Credit Agreement are
incorporated herein by reference.
The Loan Parties
are required by Section 7.11 of the Credit Agreement to
cause the Subsidiary to become a
“Guarantor”.
Accordingly, the
Subsidiary hereby agrees as follows with the Administrative Agent,
for the benefit of the Lenders:
1. The
Subsidiary hereby acknowledges, agrees and confirms that, by its
execution of this Agreement, the Subsidiary will be deemed to be a
party to the Credit Agreement and a “Guarantor” for all
purposes of the Credit Agreement, and shall have all of the
obligations of a Guarantor thereunder as if it had executed the
Credit Agreement. The Subsidiary hereby ratifies, as of the date
hereof, and agrees to be bound by, all of the terms, provisions and
conditions applicable to the Guarantors contained in the Credit
Agreement. Without limiting the generality of the foregoing terms
of this paragraph 1, the Subsidiary hereby jointly and severally
together with the other Guarantors, guarantees to each Lender and
the Administrative Agent, as provided in Article IV of the
Credit Agreement, the prompt payment and performance of the
Obligations in full when due (whether at stated maturity, as a
mandatory prepayment, by acceleration or otherwise) strictly in
accordance with the terms thereof.
2. The
Subsidiary hereby acknowledges, agrees and confirms that, by its
execution of this Agreement, the Subsidiary will be deemed to be a
party to the Security Agreement and shall have all the obligations
of an “Obligor” (as such term is defined in the
Security Agreement) thereunder as if it had executed the Security
Agreement. The Subsidiary hereby ratifies, as of the date
here
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