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40 <br />(c) Except as provided in paragraph (b) above, without the prior <br />consent of NHC and the Trustee, the Borrower shall not dissolve or otherwise <br />dispose of all or substantially all of its assets, consolidate with or merge into <br />another corporation or permit one or more other corporations to consolidate with <br />or merge into it; provided, however, that, if no Event of Default then exists, <br />the Borrower may, without the prior consent of NHC, consolidate with or merge <br />into another corporation incorporated under the laws of the United States of <br />America, one of the states thereof or the District of Columbia, or permit one or <br />more of such corporations to consolidate with or merge into it, or sell or <br />otherwise transfer to another such corporation all or substantially all of its <br />assets and thereafter dissolve (i) if the Borrower is the surviving corporation <br />or (ii) if the surviving, resulting or transferee corporation shall be a solvent <br />corporation and shall assume in writing all of the obligations of the Borrower <br />under this Loan Agreement, including all covenants herein contained. <br />Section 5.08. Further Assurances by Borrower. The Borrower shall not <br />enter into any contracts or agreements, perform any acts or required the Issuer <br />to enter into any contracts or agreements or perform any acts that may adversely <br />affect any of the assurances or rights of the issuer hereunder. <br />- 18 - <br />