(AS AMENDED TO DATE).
40.
FROM AND AFTER THE DATE HEREOF, ALL REFERENCES IN THE LOAN
AGREEMENT AND EACH OF THE OTHER LOAN DOCUMENTS TO THE LOAN AGREEMENT SHALL BE
DEEMED TO BE REFERENCES TO THE LOAN AGREEMENT AS MODIFIED HEREBY. THIS AMENDMENT
SHALL CONSTITUTE A LOAN DOCUMENT FOR ALL PURPOSES UNDER THE LOAN AGREEMENT AND
THE OTHER LOAN DOCUMENTS.
41.
THIS AMENDMENT, TOGETHER WITH THE LOAN AGREEMENT (AS AMENDED TO
DATE), CONSTITUTES THE ENTIRE UNDERSTANDING OF THE PARTIES WITH RESPECT TO THE
SUBJECT MATTER HEREOF, AND ANY OTHER PRIOR OR CONTEMPORANEOUS AGREEMENTS,
WHETHER WRITTEN OR ORAL, WITH RESPECT THERETO ARE EXPRESSLY SUPERSEDED HEREBY.
42.
THIS AMENDMENT, THE RIGHTS OF THE PARTIES HEREUNDER AND THE
INTERPRETATION HEREOF SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH,
THE INTERNAL LAWS OF THE STATE OF CALIFORNIA, IN ALL RESPECTS.
TO THE EXTENT
PERMITTED BY LAW, BORROWER HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY
ACTION RELATING TO THIS AMENDMENT.
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43.
THIS AMENDMENT MAY BE EXECUTED IN TWO OR MORE COUNTERPARTS, EACH
OF WHICH SHALL BE DEEMED TO BE AN ORIGINAL, BUT ALL OF WHICH SHALL CONSTITUTE
ONE AND THE SAME AGREEMENT.
ANY SIGNATURE DELIVERED BY FACSIMILE OR ELECTRONIC
MAIL SHALL BE DEEMED TO BE AN ORIGINAL SIGNATURE HEREUNDER.
[Signature page follows]
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IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by
their respective officers thereunto duly authorized, as of the date first above
written.
"BORROWER"
BROTMAN MEDICAL CENTER, INC.,
a California corporation
By:
/s/ Stanley Otake
Name:
Stanley Otake
Its:
Chief Executive Officer
"LENDER"
JHA EAST 7, LLC,
a Delaware limited liability company
By:
/s/ Phyllis Z. Cutler
Name:
Phyllis Z. Cutler
Title:
Authorized Representative
[SIGNATURE PAGE TO AMENDMENT NO. 1 TO LOAN AGREEMENT]