In re: Brook Meade Health Care Center, Inc.

United States Bankruptcy Court for the Middle
District of Tennessee, Nashville Division,
Case No. 391-04724-11

Tutera prepared and filed a plan of reorganization proposing to
purchase this long term care facility through a refunding the
$4,900,000 Health and Educational Facilities Board of the
Metropolitan Government of Nashville and Davidson County,
Tennessee Industrial Revenue Bonds (Brook Meade Health Care
Center Project) Series 1985 and the $575,000 Health and
Educational Facilities Board of the Metropolitan Government of
Nashville and Davidson County, Tennessee Industrial Revenue
Bonds (Brook Meade Health Care Center Project) Series 1986.
While Tutera was not ultimately the successful plan proponent,
Tutera was paid a “break up fee” not to pursue its plan. In
addition, Tutera's actions directly caused five (5) other competing
plans to be filed proposing to purchase the facility through a
refunding of the industrial revenue bonds at substantially higher
interest rates than were originally proposed by
the debtor in its plan.