EXHIBIT 10.56
AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT
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This Amendment No. 1 dated as of August 28, 1998, under and to that
certain Loan and Security Agreement dated as of June 5, 1997, among Nova
Holdings, Inc., a Delaware corporation (the "Borrower"), the Subsidiaries and
Guarantors, jointly and severally; each of the undersigned Banks (in such
capacity the "Banks") and NationsBank of Tennessee, N.A. as agent for the
Banks (in such capacity the "Agent").
W I T N E S S E T H:
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WHEREAS, Borrower, the Banks and the Agent are parties to the Agreement;
and
WHEREAS, the parties hereto desire to extend the maturity date of the
Revolving Loan Notes to October 31, 2000 on the same terms and conditions as
are presently therein set forth;
NOW, THEREFORE, the Borrower, the Banks and the Agent agree to amend the
Loan Agreement as follows:
1. DEFINITIONS. All capitalized terms used in this Amendment No. 1
which are not otherwise defined herein shall have the respective meanings
ascribed thereto in the Agreement.
2. AMENDMENTS TO AGREEMENT. The definition of Loan Termination Date in
Section I of the Agreement, DEFINITIONS, is hereby amended as follows:
"LOAN TERMINATION DATE" is hereby amended to replace
"October 31, 1999" with "October 31, 2000."
3. COUNTERPARTS. This Amendment No. 1 may be executed in any number of
counterparts and by different parties hereto in separate counterparts, each
of which when so executed shall be deemed to be an original and all of which
taken together shall constitute one and the same instrument.
4. AGREEMENT TO REMAIN IN EFFECT. Except as expressly provided herein,
the Agreement and each other Collateral Document shall be and shall continue
in full force and effect in accordance with its respective terms.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1
to be executed by their respective officers thereunto duly authorized, as of
the date first above written.
AGENT BORROWER
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NATIONSBANK OF TENNESSEE, N.A., NOVA HOLDINGS, INC.
as Agent
BY: /s/ Xxxxxxxxx X. Xxxx BY: /s/ Xxxx Xxxxxxxxx
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TITLE: S.V.P. TITLE: CFO
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BANKS GUARANTORS AND SUBSIDIARIES
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NATIONSBANK OF TENNESSEE, N.A. SOUTHERN HEALTH SYSTEMS, INC.
BY: /s/ Xxxxxxxxx X. Xxxx BY: /s/ Xxxx Xxxxxxxxx
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TITLE: S.V.P. TITLE: CFO
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FIRST TENNESSEE BANK NATIONAL NOVA FACTOR, INC.
ASSOCIATION
BY: /s/ Xxxxxxx Xxxxxxxx BY: /s/ Xxxx Xxxxxxxxx
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TITLE: V.P. TITLE: CFO
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HORIZON HEALTH SYSTEMS, INC.
BY: /s/ Xxxx Xxxxxxxxx
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TITLE: CFO
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