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40 <br />Covenants Vader the Reimbursement Agreement <br />The ComP4ny covenants under the Reimbursement Agreement, among other <br />things: (i) to preserve and maintain its existence, rights, franchises, <br />licenses and privileges in its state of incorporation and to qualify and <br />remain qualified and authorized to do business in each jurisdiction in which <br />the character of its properties or the nature of its business requires such <br />qualification or authorisation, (ii) to couply with the requirements of all <br />laws applicabls to the Company, (iii) to keep its properties in good repair, <br />working order and condition., and to maintain such insurance with respect to <br />its propertisi and business as is carried generally in accordance with sound <br />business practice by companies in similar businesses similarly situated, (iv) <br />to use its b}st efforts to maintain adequate medical malpractice liability <br />insurance, (v) to keep complete and accurate books, records and to permit <br />access by the Bank to the books and records of the Company and to permit the <br />Bank to inspect the properties and operations of the Company, (vi) to pay, <br />when due, all material taxes, assessments and Other liabilities, (vii) to <br />deliver to the Bank from time to time certain financial statements, schedules <br />and reports, and (viii) to remain engaged in business in substantially the <br />same field as its business conducted on the date of the Reimbursement <br />Agreement. <br />In addition to the covenants set forth above, the Reimbursement Agreement <br />contains certain restrictions and limitations applicable to the Company with <br />respect to (i) the sale of other disposition of any of the Projects, (iii) <br />mergers and c$nsolidations involving the Company and the sale by the Company <br />of all or substantially 'all of its assets, (iv) its ability to incur <br />indebtedness, (v) its ability to make certain investments, (vi) its ability to <br />enter into leases and guaranties, (vii) its ability to declare dividends or <br />make other distributions with respect to its capital stock, (viii) its <br />compliance with environmental laws relating to the Projects, (ix) its ability <br />to authorize the redemption of any of the Bonds of any Issue; and (x) its <br />ability to #mend certain documents relating to the Bonds and certain <br />management an¢ other agreements relating to the Projects. <br />ANY AND ALL OF THE ABOVE COVENANTS AND AGREEMENTS OF THE COMPANY MAY BE <br />AMENDED, WAIVED OR MODIFIED AT ANY TIME BY AND BETWEEN THE BANK AND THE <br />COMPANY WITHOyT THE CONSENT OF THE TRUSTEE OR THE BONDHOLDERS. NEITHER THE <br />TRUSTEE NOR 'TfM BONDHOLDERS ARE THIRD PARTY BENEFICIARIES OF OR UNDER, OR ARE <br />IN ANY WAY ENTITLED TO RELY ON, THE REIMBURSEMENT AGREEMENT OR THE COVENANTS <br />OF THE COMPANY CONTAINED THEREIN. <br />Expiration ane` Termination'of Letters of Credit <br />Each Letter of Credit' shall expire as described in "Security and Sources <br />of Payment for the Bonds - Expiration and Termination of Letters of Credit" <br />hereinabove. In addition, each Letter of Credit may be terminated by the Sank <br />prior to the' Stated Expiration Data by delivering to the Trustee a written <br />Notice of To�minatiori in the form set forth in the Reimbursement Agreement. <br />Pursuant to the terms, of the Reimbursement Agreement, the Bank is entitled to <br />t <br />i i <br />