AMENDMENT NO. 1
TO
LOAN AND SECURITY AGREEMENT ("AGREEMENT")
DATED DECEMBER 26, 1996
BETWEEN
HEALTHCARE IMAGING SERVICES, INC.
EDGEWATER IMAGING ASSOCIATES, L.P.
WAYNE IMAGING ASSOCIATES, X.X.
XXXXXXXXXXX SQUARE IMAGING ASSOCIATES, L.P.
(COLLECTIVELY HEREIN "BORROWER")
AND
DVI BUSINESS CREDIT CORPORATION ("LENDER")
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree to amend the Agreement as follows:
1) Section 1(l) "Eligible Accounts" shall be amended and replaced in its
entirety as follows:
Eligible Accounts shall mean Borrower's accounts receivable from
commercial insurance, Medicare, Medicaid, managed care providers, workers'
compensation authorized, which have been due and payable for one hundred
fifty (150) or fewer days from the date of service, and worker's
compensation lien and personal injury claims, which have been due and
payable for one hundred eighty (180) or fewer days from the date of
service, and earned but unbilled charges for no-fault accounts up to
ninety (90) days from the date of service (collectively referred to as
"Retail Accounts").
Any provision in Amendment No. 1 ("Amendment") hereof that may be contrary to
any provision of the Agreement shall prevail and override the Agreement.
Except as expressly set forth herein, all other provisions of this Amendment
shall be interpreted in light of the provisions of the Agreement.
Both parties warrant to each other that this Amendment has been authorized and
duly executed and is binding on both parties hereto as of 31st day of
January, 1997.
LENDER:
DVI Business Credit Corporation
By: /s/ Xxxxxxx X. Xxxxx
Name: Xxxxxxx X. Xxxxx
Title: Managing Director
BORROWER:
HealthCare Imaging Services, Inc. Edgewater Imaging Associates, L.P.
By: HealthCare Imaging Services
of Edgewater, Inc.
its General Partner
By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxx
Name: Name: Xxxxxxx X. Xxxxxx
Name: Xxxxxxx X. Xxxxxx
Title: President Title: President
Xxxxxxxxxxx Square Imaging
Xxxxx Imaging Associates, L.P. Associates, L.P.
By: HealthCare Imaging Services, Inc. By: HealthCare Imaging Services
its General Partner of Xxxxxxxxxxx Square its General
Partner
By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxx
Name: Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx
Title: President Title: President