11/29/2024 | Press release | Distributed by Public on 11/29/2024 15:30
Item 1.01 |
Entry into a Material Definitive Agreement. |
On November 22, 2024, Regional Health Properties, Inc. (the "Company") and Erin Property Holdings, LLC (the "Borrower") entered into two Forbearance Agreements (the "Forbearance Agreements") with Cadence Bank, N.A. (the "Lender") relating to certain defaults by the Company and the Borrower under the loan agreements in the principal amount of $5,000,000 due on July 27, 2036 (the "USDA Note") and the principal amount of $800,000 due on July 27, 2036 (the "SBA Note" and, together with the USDA Note, the "Notes") that were issued by the Borrower to the Company to reflect payment obligations pursuant to the Security Agreement, dated as of July 27, 2011 (the "Security Agreement"), between the Borrower and the Lender.
Pursuant to the Forbearance Agreements, (a) the Borrower agreed to make payments of $318,044.21 toward the USDA Note, $47,871.52 toward the SBA Note and $22,000 for estimated attorney fees incurred by the Lender no later than November 22, 2024, and (b) the Company and the Lender agreed, subject to the terms and conditions set forth in the Forbearance Agreements, to forbear from exercising its rights and remedies on account of the failure by the Company and the Borrower to pay the amounts due under the USDA Note and SBA Note by the expiration of the period ("Forebearance Period") of May 22, 2025.
During the Forebearance Period, the Company and the Borrower shall make monthly payments of principal and interest in accordance with the terms of the USDA Note and the SBA Note with interest continuing to accrue in accordance with the terms of the Notes which amounts shall remain the obligation of the Company and the Borrower.
The remaining balances of the USDA Note and the SBA Note will be due at the end of the Forebearance Period and include all principal, interest, late charges and statutory attorney's fees.
The description of the Forbearance Agreements set forth herein is qualified in its entirety by reference to the full text of the Forbearance Agreements, copies of which are attached as Exhibit 10.1and Exhibit 10.2hereto and incorporated by reference herein.