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EXHIBIT 10.10
AMENDMENT TO LEASE AGREEMENT
THIS AMENDMENT TO LEASE AGREEMENT, made and entered into as of the 2nd
day of November, 1999, between THE DEVELOPMENT AUTHORITY OF THE CITY OF
MANCHESTER (the "Issuer"), a public body corporate and politic organized and
existing under the laws of the State of Georgia, and HORIZON MEDICAL PRODUCTS,
INC., a Georgia corporation (the "Company");
W I T N E S S E T H:
WHEREAS, the Issuer and the Company have entered into that certain
Lease Agreement dated July 1, 1996 (the "Lease Agreement"), which is recorded at
Deed Book 363, page 38, Xxxxxxxxxx County, Georgia records;
WHEREAS, the Issuer and the Company desire to amend the Lease Agreement
in the manner hereinafter provided;
NOW, THEREFORE, in consideration of the agreements hereinafter
contained and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. The provisions of Section 6.7 of the Lease Agreement are
amended as hereinafter provided:
(i) The proviso at the end of Section 6.7(a), which
provides for the Company to furnish within sixty (60)
days after the end of each fiscal year copies of
unaudited annual financial statements, is hereby
deleted.
(ii) The thirty (30) day period in Section 6.7(b) for
providing quarterly unaudited statements is hereby
changed and amended to sixty (60) days after the end
of each quarterly fiscal period in each fiscal year,
except the last quarterly fiscal period in each
fiscal year.
(iii) Section 6.7(c), which provides for the furnishing of
an annual budget within sixty (60) days after the
beginning of each fiscal year, is hereby deleted in
its entirety.
2. Except as amended above, all other provisions of the Lease
Agreement shall continue in full force and effect. This Amendment shall inure to
the benefit of and shall be binding upon the Issuer, the Company, and their
respective successors and assigns, and shall be governed by and construed in
accordance with the laws of the State of Georgia.
IN WITNESS WHEREOF, the Issuer has caused this Amendment to Lease
Agreement to be executed by its Chairman and the seal of the Issuer to be hereto
affixed and attested by its Secretary or Assistant Secretary, and the Company
has caused this Amendment to Lease Agreement to be executed by its duly
authorized officers, all as of the date first above written.
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THE DEVELOPMENT AUTHORITY
OF THE CITY OF MANCHESTER
Signed, sworn to, and delivered in the
presence of the following:
By:
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Chairman
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Unofficial Witness
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Notary Public
Title:
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My commission expires:
[SEAL]
[NOTARIAL SEAL]
HORIZON MEDICAL PRODUCTS, INC.
Signed, sworn to, and delivered in the
presence of the following:
By:
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Unofficial Witness Title:
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Notary Public Attest:
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My commission expires: Title:
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[NOTARIAL SEAL]
CONSENTED TO:
SYNOVUS TRUST COMPANY,
as the Trustee
By:
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Name:
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Title:
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