Exhibit 10.1
FIRST AMENDMENT
TO AGREEMENT OF SALE AND PURCHASE
THIS FIRST AMENDMENT TO AGREEMENT
OF SALE AND PURCHASE (this “ Amendment ”) is
made and entered into as of this 14th day of August, 2009 by and
between Greenville Hospital System , a political subdivision
organized under the laws of South Carolina and Board of Trustees
of Greenville Hospital System (aka, The Board of Trustees of The
Greenville Hospital System) (collectively, “
GHS ”), Greenville Health Corporation
(“ GHC ”), a South Carolina corporation
and GHC Health Resources, Inc. (“ GHR
”), a South Carolina corporation, all having an address at
701 Grove Road, Greenville, SC 29605 (collectively, “
Seller ”), and HTA — Greenville,
LLC , a Delaware limited liability company, having an address
at 16427 N. Scottsdale Road, Suite 440, Scottsdale, Arizona
85254 (“ Buyer ”). Seller and Buyer are
each individually referred to herein as a “
Party ” and collectively as the “
Parties ”.
R
E C I T
A L S :
A. Seller and Buyer entered
into that certain Agreement of Sale and Purchase as of
July 15, 2009 (the “ Agreement of Sale
”).
B. Seller and Buyer desire to
amend the Agreement of Sale as described herein.
NOW, THEREFORE , in
consideration of the terms, conditions and covenants contained
herein, and of other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, Seller and Buyer
agree as follows:
1. Greenville Hospital
System . The first paragraph of the Agreement of Sale is
hereby amended by deleting the phrase “ Greenville
Hospital System (“ GHS ”), a
political subdivision organized under the laws of South
Carolina” and hereby replacing it with the phrase “
Greenville Hospital System , a political subdivision
organized under the laws of South Carolina and Board of Trustees
of Greenville Hospital System (aka, The Board of Trustees of The
Greenville Hospital System) (collectively, “
GHS ”)”. All re