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� r . <br /> , ; <br /> � � ��� <br /> � <br /> ' . . � ' ytiw;� <br /> ��� . . ' , . . . � � � . . � � � • ' . . � . . � <br />� � . . � � . � . . . . . , . . <br /> /. <br /> n <br /> . 76• �� 6512 <br /> � -,y <br /> '�s <br /> 4y± <br /> > '„ <br /> E ; ( b ) no event of default , as defined in Section 9 . 1 , <br /> , hereof , has occu^red and is continuing and no event has occurred <br /> ` �„ and is continuing which , with the lapse of time ar giving of � <br /> ; notice or both , would constitute such an event of default ; <br /> .F; <br /> � ��� ( c ) the Survivint; Corporation shall not have assumed , <br /> � incurred or guaranteed any indebtedness or liabilities vrhich <br /> ,:; the Lessee would not have been permitted to incur , assume or <br /> ,; �uarantee under the provisions or Section 7 . 9 hereof ; <br /> -.:3 <br /> ( d ) the excess of fund assets over fund liabilities of • <br /> ^" the Lessee or the Survivinp� Corooration following such merger or <br /> a consolidation is not less t.han the er.cess of fund assets over <br /> ;� fund liabilit ,y of the Lessee immediately orior thereto ; <br /> i ( e ) the Lessee or the Surviving Corporation has suf- � <br /> ; ficient income to pay its exnenses and debts as they mature ; and <br /> �� ( f ) no litigation shall be pending against the Lessee <br /> or the Survivin� Corporation in which the amount claimed which is <br /> 'i not fully covered by insurance esceeds $ 500 , 000 in any one suit or <br /> � in the aggregate of aIl suits . <br /> .fi <br /> � Upon any such mer �er or consolidation the Lessee or <br /> �i the Surviving Corporation shall deliver to the Authority and the <br /> ! Trustee a certificate slgned by its President and its chief £inancial <br /> ty. officer demonstrating th2t all of the foregoing conditions have been <br /> �i satisfied , which certificate shall be suoported by reports signed <br /> '' by its independent public accountants . Any Surviving Corporation <br /> � <br /> ,,s shall also execute and deliver to the P.uthorit � and the Trustee an <br /> ; appropriate instrument exoressl;� assuming the oerformance of all of <br /> ; the Lessee ' s obligations under this Lease . <br /> s`� In addition to the foregoing , nothing contained herein , <br /> � '; shall be deemed to prevent the Lessee from disposing of its presently <br /> r � existing facilities on such t �rms and co ,zcitions �s may seem proper <br /> ' to the Lessee rollowin�; the compl.etion of Lhe Pro,ject so long as the <br /> '� deed or other instrur�ent transferring such facilities contains a <br /> � ;� covenant prohioitin � tne use of such facilities as a general acute <br /> - ,.;� care hospital orior � o January 1 , 2007 . <br /> ;` <br /> { Section 7 . 3 . Financial Statements , Ftc . The Lessee <br /> -= covenants that it will keep proper books of record and account in <br /> � ;•rhich full , true and correct entries 4•fill be made of all dealinPs <br /> or trans2etions of or in relation to the busineas and affairs of <br /> the Lessee , in accordance wlth ;enerally accepted principles of <br /> accountin� consistently maintained , and .•� ill furnish to the Auth - <br /> ; ority , the Trustee , the Ori �inal Purchasers , Standard & Poor ' s <br /> ' Corporation and to any requesting nolder or holders of 10 % or more in <br /> a��;re *ate principal amount oi Bonds , then outstandin [; , in duplicate : <br /> ;; <br /> :. <br /> .� L � � <br /> y( <br /> , <br /> � �.�.A� f ♦ . <br /> � ` <br /> A <br /> .: .. . . . . . . . . . . . . (y �ao- ' <br /> I � <br /> � L.���:` . . , i � . . ... , . . . . .. . �� . , y , <br /> � I . <br /> � . . . . � . . . . . . . . . . . � �' r� � <br /> 4LL . �. <br /> 3 � � <br /> � <br />