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Section 8.04. Amendment of Loan Agreement or Mortgage. (a) Without the consent of or notice to the Bondholders, the Issuer may from time to time enter into any amendment, change or modification of the Loan Agreement and the Trustee may from time to time enter into any amendment, change or modification of the Mortgage (i) as may be required for the purpose of curing any ambiguity or formal defect, (ii) to change the terms for the payment of interest thereunder to reflect any change in the terms for the payment of interest on Credit Facility Bonds, (iii) in connection with the delivery of any substitute Credit Facility in accordance with Section 5.07 hereof, in order to provide for payments by the Borrower at such times and in such amounts as may be necessary to obtain such substitute Credit Facility, maintain the ratings then borne by the Bonds or otherwise protect the interests of the Bondholders, (iv) to make any other change in the Loan Agreement or the Mortgage, provided that such change shall not become effective until the immediately succeeding Mandatory Tender Date and provision shall have been made for the giving of notice of such change to subsequent purchasers of the Bonds, or (v) that, in the judgment of the Trustee, shall not prejudice in any material respect the rights of the Bondholders. (b) Notwithstanding the foregoing paragraph (a), so long as the Credit Facility shall be in effect and the Credit Facility Provider shall not have wrongfully failed to honor any demand for funds under the Credit Facility, the Trustee shall release the Mortgage if on or prior to such time, the Credit Facility Provider has released the Mortgage, and shall, at the written request of the Credit Facility Provider, enter into or consent to such amendments, changes or modifications of the Mortgage as shall be required from time to time by the Credit Facility Provider and the Borrower (with the written consent of NHC), including (without limitation) as shall be required to secure any additional indebtedness of the Borrower, it being the intention of the parties hereto that the ultimate security for the Bonds shall consist of the Credit Facility and the amounts received by the Issuer or the Trustee under the Loan Agreement. (c) Except as provided in paragraphs (a) and (b) of this Section, the Issuer shall not enter into any amendment, change or modification of the Loan Agreement without the written consent of the Trustee and the Holders of a majority of the Bonds. (d) The Trustee shall have no liability to any Bondholder or any other person for any action taken by it in good faith pursuant to the foregoing provisions. Section 8.05. Consent of Credit Facility Provider. So long as a credit Facility shall be in effect and the Credit Facility Provider shall not have wrongfully failed to honor a demand for funds under the Credit Facility, the Trustee and the Issuer shall not enter into any - 56 -