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do <br />may be limited by applicable bankruptcy, insolvency, reorganization, moratorium <br />or similar laws affecting creditors' rights generally and by general principles <br />of equity. <br />(d) The execution, delivery and performance by the Borrower of this <br />Loan Agreement and the Note will not contravene or constitute a default under any <br />provision of applicable law, its charter or by-laws or any judgment, order, <br />decree, rule or regulation, or a breach of any agreement or instrument binding <br />upon it. <br />(e) There are no actions, suits, proceedings or investigations <br />pending or, to the knowledge of the Borrower, threatened before or by any court, <br />governmental body or agency or other tribunal or authority that would, if <br />adversely determined, have a material adverse effect on the authority or ability <br />of the Borrower to perform its obligations under this Loan Agreement or the Note, <br />or that question the legality, validity or enforceability hereof or thereof. <br />(f) No authorization, consent or approval of, notice to, registration <br />with or other action by or in respect of, any governmental body or agency or <br />other authority is required in connection with the execution, delivery and <br />performance by the Borrower of this Loan Agreement or the Note, except such as <br />have been obtained. <br />(g) The acquisition and construction of the Project by the Borrowar; <br />including the refinancing thereof as provided in this Loan Agreement, will (i) <br />provide gainful employment in the State, (ii) encourage the increase of industry <br />and a balanced economy in the State, (iii) significantly contribute to the <br />economic growth of the political subdivision of the State in which the Project is <br />located, (iv) assist in the retention of existing industry in the State, (v) <br />protect the environment, (vi) promote economic development and (vii) promote the <br />health, safety and general welfare of the State and its people. <br />I <br />(h) The Issuer will be able to cope satisfactorily with the impact of <br />the Project and will be able to provide or cause to be provided when needed, the <br />public facilities, including utilities and public services that will be necessary <br />for the operation, repair and maintenance of the Project on account of any <br />increases in population or other circumstances resulting therefrom. <br />(i) The Borrower presently intends to operate the Project as "health <br />care facility" as defined in the Act. <br />