February 18, 2005
Amendment to Placement Agent Agreement Dated November 19, 2004
This letter agreement shall serve as an amendment to the Placement Agent
Agreement dated November 19, 2004, as amended (the "Placement Agent Agreement"),
between New York Health Care, Inc. (the "Company") and Sterling Financial
Investment Group, Inc. ("Sterling"). Sterling and the Company each acknowledge
that as of the Expiration Date of the Offering, the escrow agent for the
Offering has received funds in excess of the Minimum Offering amount.
Prior to the release of those funds in escrow, the parties hereby agree to
the following:
1. Sterling and the Company hereby agree to extend the termination date of
the Placement Agent Agreement and the Closing of the Minimum Offering until
February 25, 2005; and
2. All of the remaining terms and conditions, except as modified hereby,
of the Placement Agent Agreement shall remain in full force and effect.
3. Capitalized terms used but not defined herein shall have the meanings
ascribed to them in the Placement Agent Agreement
In Witness Whereof, the parties have executed this Agreement as of the
date first written above.
New York Health Care, Inc. Sterling Financial Investment Group, Inc.
By: /s/ Xxxxx Xxxxxxxxx By: /s/ Xxxxxxx Xxxxx
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Name: Xxxxx Xxxxxxxxx Name: Xxxxxxx Xxxxx
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Title: COO, CFO Title: Managing Director
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