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assumes in writing all of the obligations of the Borrower under <br />this Agreement and (iii) is duly qualified to do business in the <br />State, and if (2) immediately after giving effect to such <br />transaction, no condition or event shall ex:ist which constitutes <br />an Event of Default or which, after notice or lapse of time or <br />both, would constitute an Event of Default, <br />The Borrower shall promptly furnish or cause to be fur- <br />nished to the Issuer and the Trustee written notice of any such <br />disso l ution, merger or consolidation, or sale, lease or other <br />disposition of all or substantially all of its assets, which <br />notice shall include a true and comf,1.ete copy of any pertinent <br />agreement controlling such merger, consolidation or dissolution <br />or sale, lease or other disposition of assets. <br />If a consolidation, merger or sale or other transfer is <br />made as permitted by this Section 8.4, the provisions of this <br />Section 8.4 shall continue in force and effect and no further <br />consolidation, merger or sale or other transfer shall be made <br />except in compliance with tl1e provisions of this Section. <br />(dl The Borrower will maintain, (1) a ratio of Current <br />Assets to current Liabilities of at least 1 to 1, (2) a ratio of <br />Tangible Net Worth to Indebtedness of at least ,5 to 1, and (3) a <br />ratio of Net Cash Flow to current maturities of Funued Indebted- <br />ness of at least l to 1. <br />(e) The Borrower will make no substantial changes in <br />executive or mi~dle management positions (as determined by the <br />Trustee) without the prior approval of the holders of all the <br />Bonds then Outstanding. <br />Section 8.5 Investments. The Borrower covenants that <br />it will not direct the Trustee to make any investments of funJs <br />held under the Indenture which will be contrary to any of the <br />provisions of the Indenture or to any of the requirements of <br />Section 103(c) of the Code. <br />Section 8.6. Certain Definitions. For LI1e purposes of <br />this Ar.ticle VIII, the following worus, terms or phrases, shall <br />have the meanings provided below: <br />(a} 'l'he term "Current Assets," to the extent permittod <br />by and in all cases as determined in accordance with ')Ood <br />accounting practice, shall include {1) cash on hand or in transit <br />or on --leposit i.n any bank or trust company which has not <br />suspendeu business: ( 2) Permitted Investment Securities valuell ,,t <br />not more thun cost or current market vulue, whichever is lower; <br />-37-