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2� 1 ��43� corrected ar�ured, or�aused to he corrected�r cured, t�e iden��fied �tems to H�JD's satisfaction, �D� there remain a�y outstanding l�ans fram the Reserv� for Replacement or Resi-dual R�ceipts acco�.nt, nr any required c�e�osits ta such accounts have not�een made when ciue, ar�E� the Reserve f�r Replacemer�t accaunt or ar�y other required reser�� daes n�t have the minimum ba�an�e required by HUI]; andlor (v� �f the B�rr�we�is als� �perat�r, at any time that�perator is prohibited fram distributing, advancing ar otherwise using funds attributable to the Healthcar� Facility (e.g., failure to timely file financia�reports �r when Healthcare Facil�ty Work�ng �apita� is negative}. �c} Any Distribution of any funds, which the party rec�iving such funds is not entitled ta retain hereund�r, shall be returned to Borrow�r's Proje�t-related accounts immed�ately. �d} Up�n each required calculation of Surplus Cash, Barrower must dem�nstrate positive Surplus �ash, or t� the extent Surplus �ash is negative, repay t� Proj ect-related accounts any Distr�buti�ns taken during such caicu�ati�n period. Such repayment must be made within th�rty �3�} days of the canclusion of the reporting periad, or such�onger�eriod approved by HLTD. �e} If a Non-Pr�fit Borrower has been perrnitted ta take Distribut�ons, as ind�cated on the first page af this Agreement, and to the extent the annua� audited financia� stat�rnent of such N�n-Profit Borrower dem�nstrates Surp�us Cash, such N�n�Prof�t Borrower may make D�stribut�ons of such Surplus �ash, upan the foilowing conditions: (i� Distributi�ns may only be made after the end of any annual �r semi-arinua� fiscal period, and when the Borravver�an demonstrate p�sit�ve Surplus Cash pursuant to Sect�on 15, at the end of the irnmed�ately prior annual or semi-annual fiscal period; �11� �perator is in g�od standing with the applicab�e �ic�nsing agency and has no a�en state compliance issues or spec�al focus facility designat�an; (iii� ' N� unresolved audit find�ngs in the annua� audited f�nancial statements exist relating to the Proj ect; ��v} BorroWer and �perator are in compliance with the terms �f this Agreement and the �perat�r's Regulatory Agre�ment, respective�y, w�th no natice of n�ncompliance ar v��ati�n from HUD; �v� No d�faults exist under any of the Loan Documents and all payments reyuired by any of th� Loan D�cuments are current, with n� n�tice of n�ncompliance ar�iolation from HUD; and Previous vers�ons ohsolete Pag�'1�of 3fi form HUa-924GS-�RCF ��12�14}