Amendment No. 1 to Equipment Lease Agreement between GK Financing, LLC and Baptist Hospital of East Tennessee

Summary

This amendment updates the Equipment Lease Agreement originally signed on August 7, 2003, between GK Financing, LLC and Baptist Hospital of East Tennessee. The main change is that the agreement will now be governed by the laws of the State of Tennessee, rather than any other jurisdiction. All other terms of the original lease remain unchanged. Both parties have agreed to this amendment as of May 28, 2004.

EX-10.50A 4 f18881exv10w50a.htm EXHIBIT 10.50A exv10w50a  

Exhibit 10.50a
AMENDMENT NO. 1 TO EQUIPMENT LEASE AGREEMENT
This AMENDMENT NO. 1 TO EQUIPMENT LEASE AGREEMENT (this “Amendment”) in made and entered into effective as of the 28 day of May, 2004, by and between GK FINANCING, LLC a California limited liability company (“GKF”), and BAPTIST HOSPITAL OF EAST TENNESSEE, a Tennessee non-profit corporation (“Hospital”), with reference to the following facts:
R E C I T A L S
     A. GKF and Hospital have entered into a certain Equipment Lease Agreement dated August 7, 2003 (the “Agreement”).
     B. Pursuant to Section 25.5 of the Agreement, GKF and Hospital desire to amend the Agreement as provided below .
A G R E E M E N T
     NOW, THEREFORE, in consideration of the mutual covenants, conditions and agreements set forth herein, and for such other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
  1.   Governing Law, Section 25.9 is hereby deleted in its entirety and replaced with the following: “This Agreement shall be interpreted and enforced in accordance with the internal laws, and not the law of conflicts, of the State of Tennessee applicable to agreements made and to be performed in that State.”
     IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.
                     
“GKF”:           “Hospital”:    
 
GK FINANCING, LLC       BAPTIST HOSPITAL OF EAST TENNESSEE,    
a California limited liability company       a Tennessee not for profit    
            Corporation    
 
                   
By:
  /s/ Craig K. Tagawa
 
Craig K. Tagawa
      By:
Name:
  /s/ Stephen N. Clapp
 
Stephen N. Clapp
   
 
  Chief Executive Officer       Title:   Senior Vice President