Exhibit 4.2
RELEASE OF CERTAIN
GUARANTORS (this “ Release ”), dated as of
March 30, 2009, by and among CHS/COMMUNITY HEALTH SYSTEMS,
INC., a Delaware corporation (the “ Issuer ”),
those Subsidiary Guarantors parties hereto, and U.S. BANK
NATIONAL ASSOCIATION, as Trustee under the Indenture (the “
Trustee ”).
W I T N E S S E T H:
WHEREAS, the Issuer has
heretofore executed and delivered to the Trustee an Indenture,
dated as of July 25, 2007, as supplemented by the First
Supplemental Indenture, dated as of July 25, 2007, the Second
Supplemental Indenture, dated as of December 31, 2007, the
Third Supplemental Indenture, dated as of October 10, 2008,
the Fourth Supplemental Indenture, dated December 1, 2008, the
Fifth Supplemental Indenture, dated February 5, 2009, and the
Sixth Supplemental Indenture of even date herewith (the “
Indenture ”), providing for the issuance of the
8 7
/ 8 % Senior Notes due 2015 (the
“ Securities ”);
WHEREAS, pursuant to
that certain Private Placement Memorandum, dated October 24,
2007 (as amended, supplemented or otherwise modified from time to
time, the “ Sunbury PPM ”), Sunbury Hospital
Company, LLC, a Delaware limited liability company
(“SHC” ), has offered and sold membership
interests in SHC to certain physician investors effective as of
January 1, 2008 (such transaction, the “Sunbury
Syndication ”).
WHEREAS, pursuant to
that certain Private Placement Memorandum, dated November 13,
2007 (as amended, supplemented or otherwise modified from time to
time, the “ Abilene PPM ”), ARMC, L.P., a
Delaware limited partnership (“ARMC” ), has
offered and sold partnership interests in ARMC to certain physician
investors effective as of June 1, 2008 (such transaction, the
“Abilene Syndication ”).
WHEREAS, pursuant to
that certain Private Placement Memorandum, dated July 22, 2008
(as amended, supplemented or otherwise modified from time to time,
the “ Ft. Wayne PPM ”), Lutheran Health
Network Investors, LLC, a Delaware limited liability company
(“LHNI” ), has offered and sold membership
interests in LHNI to certain physician investors effective as of
October 1, 2008 (such transaction, the
“Ft. Wayne Syndication ”).
WHEREAS, IOM Health
System, LP, an Indiana limited partnership, St. Joseph Health
System, LLC, a Delaware limited liability company, and Triad
Indiana Holdings, LLC, a Delaware limited liability company, are
wholly-owned, directly or indirectly, by LHNI.
WHEREAS, (i) upon
the consummation of the Syndications, each of th
