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EXHIBIT 10.1
AMENDMENT NO. 2 TO SALE AND SERVICING AGREEMENT
AMENDMENT dated as of August 31, 1998 (this "Amendment"), to Sale and
Servicing Agreements dated as of various dates (as amended, supplemented or
otherwise modified from time to time, the "Sale and Servicing Agreement"),
between each hospital company signing a counterpart of this Amendment (together
with its successors and assigns, the "Hospital") and UHS Receivables Corp., a
Delaware corporation (together with its successors and assigns, "Xxxxx").
W I T N E S S E T H :
WHEREAS, the Hospital and Xxxxx are party to a Sale and Servicing
Agreement; and
WHEREAS, the Hospital and Xxxxx wish to amend the Sale and Servicing
Agreement to provide for a change in the Definitions List incorporated by
reference into the Sale and Servicing Agreement;
NOW THEREFORE, the parties hereto agree as follows:
Section 1. Changed Definition. The Sale and Servicing Agreement is
hereby amended to replace the definition of "Maximum Sheffield Capital"
incorporated by reference from the Definitions List with the following
definition:
Maximum Sheffield Capital: $100,000,000, as such amount may be
increased from time to time in accordance with Section 2.13 of the Pooling
Agreement.
Section 2. Effect of Amendment. The Sale and Servicing Agreement as
modified by this Amendment shall remain in full force and effect, and all
references in the Sale and Servicing Agreement to "this Agreement" shall mean
the Sale and Servicing Agreement as amended hereby unless the meaning requires
otherwise.
Section 3. Counterparts. This Amendment may be executed in any number
of copies, and by the different parties hereto on the same or separate
counterparts, each of which shall be deemed to be an original instrument.
Section 4. GOVERNING LAW. THIS AMENDMENT SHALL BE GOVERNED BY, AND
CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE INTERNAL LAW OF THE STATE OF
NEW YORK WITHOUT REFERENCE TO CONFLICTS OF LAW RULES OF THE STATE OF NEW YORK.
IN WITNESS WHEREOF, each of the Hospital and Xxxxx have caused this
Amendment to be duly executed and delivered by its duly authorized officer on
the date first above written.
NORTHWEST TEXAS HEALTHCARE SYSTEM, INC.
XXXXXXXXX HOSPITAL MEDICAL CENTER, LLC
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VALLEY HEALTH SYSTEM, LLC
d/b/a Desert Springs Hospital
d/b/a Valley Hospital Medical Center
AIKEN REGIONAL MEDICAL CENTERS, INC.
UHS OF NEW ORLEANS, INC.
CHALMETTE MEDICAL CENTER, INC.
AUBURN REGIONAL MEDICAL CENTER, INC.
UHS OF BELMONT, INC.
UHS OF RIVER PARISHES, INC.
DOCTORS HOSPITAL OF SHREVEPORT, INC.
INLAND VALLEY REGIONAL MEDICAL CENTER, INC.
VICTORIA REGIONAL MEDICAL CENTER, INC.
WELLINGTON REGIONAL MEDICAL CENTER
INCORPORATED
By:__________________________________
Xxxx X. Xxxxxx
Treasurer
MANATEE MEMORIAL HOSPITAL, L.P.
By: UHS of Manatee, Inc.
General Partner
By:__________________________
Xxxx X. Xxxxxx
Treasurer
NORTHERN NEVADA MEDICAL CENTER, L.P. (f/k/a
Sparks Reno Partnership L.P.)
By: Sparks Family Hospital, Inc.,
General Partner
By:___________________________
Xxxx X. Xxxxxx
Treasurer
MCALLEN MEDICAL CENTER L.P.
d/b/a Edinburg Hospital
d/b/a McAllen Medical Center
By: McAllen Medical Center, Inc.
General Partner
By:__________________________
Xxxx X. Xxxxxx
Treasurer
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UHS RECEIVABLES CORP.
By:__________________________________
Xxxxxx X. Xxxxxxxx
Vice President and Treasurer
The undersigned hereby consents to this Amendment and agrees that the Guaranty
shall remain in full force and effect notwithstanding the changes effected by
this Amendment.
UNIVERSAL HEALTH SERVICES, INC
By:__________________________________
Xxxx X. Xxxxxx
Treasurer
