Exhibit 10.1
FIRST AMENDMENT TO THIRD AMENDED AND
RESTATED REVOLVING CREDIT AGREEMENT
THIS FIRST AMENDMENT TO THIRD AMENDED
AND RESTATED REVOLVING CREDIT AGREEMENT (this “
Amendment ”) is made and entered into as of the
29 th
day of October, 2007, by and among AMSURG CORP., a Tennessee
corporation (the “ Borrower ”), the
several banks and other financial institutions from time to time
party hereto (the “ Lenders ”), and
SUNTRUST BANK, in its capacity as Administrative Agent for the
Lenders (the “ Administrative Agent ” or
“ Agent ”).
RECITALS :
A. The Borrower, the
Administrative Agent and the Lenders are parties to a Third Amended
and Restated Revolving Credit Agreement dated July 28, 2006
(as amended or restated from time to time, the “ Credit
Agreement ”).
B. The Borrower, the
Administration Agent, and each of the Lenders desire to amend the
Credit Agreement to provide for an increase to the Aggregate
Revolving Commitments pursuant to Section 2.23 of the Credit
Agreement.
C. Terms not defined herein
shall have the meanings ascribed to such terms in the Credit
Agreement.
NOW, THEREFORE, in consideration of
the foregoing and the covenants and agreements contained herein,
and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. The definition of
“Aggregate Revolving Commitments” as used in the Credit
Agreement shall be amended and restated in its entirety to read as
follows:
“Aggregate Revolving
Commitments” shall mean the sum of the Revolving
Commitments of all Lenders at any time outstanding. As of
October 29, 2007, the Aggregate Revolving Commitments e
