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EXHIBIT 10.44
AMENDMENT TO LETTER AGREEMENT
Reference is made to the Letter Agreement dated May 19, 1997 (the
"Agreement") between Premier HealthCare, a division of Xxxx, Xxxxxxxx & Co.
(the "Advisor"), and Physicians' Specialty Corp. (the "Company"). The Advisor
and the Company hereby agree that, as of the date hereof, the Agreement is
hereby amended as follows:
1. Paragraph 2(a)(A) of the Agreement is hereby amended by deleting the
dollar amount "$5,000" and adding the dollar amount "$12,500" in lieu thereof;
and
2. Exhibit "B" to the Agreement is hereby amended by deleting the number
"six and one-quarter (6.25)" throughout Exhibit "B" and adding the number
"seven and one-half (7.5)" in lieu thereof.
The amendments set forth above are limited precisely as written and shall
not be deemed to be (a) a consent to, or waiver or modification of, any other
term or condition of the Agreement or (b) prejudice any rights or rights which
the Advisor and the Company may now have or may have in the future under or in
connection with the Agreement. Except as expressly modified hereby, the terms
and provisions of the Agreement are and shall remain in full force and effect
and the Advisor and the Company hereby reconfirm their obligations thereunder.
This Amendment may be executed by the parties hereto in several
counterparts, each of which shall be deemed to be an original and all of which
shall constitute together but one and the same agreement.
THIS AMENDMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA
GOVERNING CONTRACTS MADE AND TO BE PERFORMED IN SUCH STATE, WITHOUT GIVING
EFFECT TO PRINCIPLES OF CONFLICTS OF LAW
Date: March 18, 1998 PREMIER HEALTHCARE,
A Division of Xxxx, Xxxxxxxx & Co.
By /s/ Xxxxxx X. Xxxxxxxx
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Name: Xxxxxx X. Xxxxxxxx, Principal
PHYSICIANS' SPECIALITY CORP.
By /s/ Xxxxxxx X. Xxxxxxx
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Name: Xxxxxxx X. Xxxxxxx
Title: Chief Executive Officer
