Common use of Debt Service Coverage Requirements Clause in Contracts

Debt Service Coverage Requirements. (a) Maintain (commencing with the closing of the Loan) and within forty-five (45) days after the end of each fiscal quarter of Borrower, provide evidence to Lender of the achievement of, the following debt service coverage ratios until the Loan is paid in full: (i) a Debt Service Coverage for the Facility, after deduction of Actual Management Fees, of not less than 1.0 to 1.0; and (ii) a Debt Service Coverage for the Facility after deduction of Assumed Management Fees, of not less than 1.25 to 1.0. (b) If Borrower fails to achieve or provide evidence of achievement of the Debt Service Coverage for the Facility, Borrower may deposit with Lender, at Borrower's option within fifteen (15) days of such failure, additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage calculation, would have resulted in the noncomplying debt service requirement having been satisfied. If after Borrower has deposited such additional cash or liquid collateral, Borrower again fails to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility requirements set forth above and such failure continues for two (2) consecutive quarters, Borrower may deposit with Lender, at Borrower's option within fifteen (15) days after written notice to Borrower of such failure, additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement occurred to reduce the outstanding principal indebtedness of the Loan, would have resulted in the noncomplying debt service coverage requirement having been satisfied. Any additional cash or liquid collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility and cure any existing default with respect thereto will be held by Lender in a standard custodial account and shall constitute additional collateral for the Loan Obligations and an "Account" as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by Lender, in such order and manner as Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateral. Provided that there is no outstanding Default or Event of Default, such additional collateral which has not been applied to the Loan Obligations will be released by Lender at such time as Borrower provides Lender with evidence that the required debt service coverage requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.14) for two (2) consecutive fiscal quarters.

Debt Service Coverage Requirements. (a) Maintain a. Achieve (commencing with the closing of the Loan) and ), and, within forty-five (45) days after the end of each fiscal quarter of Borrower, provide evidence satisfactory to the Lender of the achievement of, the following debt service coverage ratios until the Loan is paid in fullDebt Service Coverage and Combined Debt Service Coverage ratios: (i) a Debt Service Coverage for the FacilityCoverage, after deduction of Actual Management Fees, of not less than 1.0 to 1.0; and, based on a rolling twelve (12) month period, tested quarterly; (ii) a Debt Service Coverage for the Facility Coverage, after deduction of Assumed Management Fees, of not less than 1.25 1.0 to 1.0, based on a rolling twelve (12) month period, tested quarterly; (iii) a Combined Debt Service Coverage after deduction of Assumed Management Fees, of not less than 1.3 to 1.0, based on a rolling twelve (12) month period, tested quarterly. (b) b. If Borrower fails to achieve or provide evidence of achievement of the Debt Service Coverage for the FacilityFacility or the Combined Debt Service Coverage, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days of such failurewritten notice to Borrower, Borrower will deposit with Lender additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage Debt Service Coverage calculation, would have resulted in the noncomplying debt service Debt Service Coverage requirement having been satisfied. If after Borrower has deposited such additional cash or liquid collateralfailure continues for two (2) consecutive quarters, on the third consecutive quarter, if Borrower again fails to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility requirements set forth above and such failure continues for two (2) consecutive quartersCoverages required above, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days after written notice to Borrower, Borrower of such failure, will deposit with Lender additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage Debt Service Coverage requirement occurred to reduce the outstanding principal indebtedness of the LoanLoan Obligations, would have resulted in the noncomplying debt service coverage Debt Service Coverage requirement having been satisfied. Any , and Borrower agrees promptly to provide such additional cash or other liquid collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility and cure any existing default with respect thereto collateral, which increased amount will be held by Lender for an additional two (2) consecutive calendar quarters. Such additional Collateral will be held by the Lender in a standard custodial account account, and shall constitute additional collateral for the Loan Obligations and an "Account" as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by the Lender, in such order and manner as the Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateralCollateral. Provided that there is no outstanding Default or Event of Default, such additional collateral Collateral which has not been applied to the Loan Obligations will be released by the Lender at such time as Borrower provides the Lender with evidence that the required debt service coverage Debt Service Coverage requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.144.12) for as of the end of each of two (2) consecutive fiscal quarters.

Debt Service Coverage Requirements. (a) Maintain (commencing with the closing of the Loan) and/or cause Lessee to maintain, and within forty-five (45) days after the end of each fiscal quarter of Borrower, provide and/or cause Lessee to provide, evidence to Lender of the achievement of, the following debt service coverage ratios until the Loan is paid in full: (i) : a Debt Service Coverage for the FacilityRatio, on a combined Facility basis, after deduction of Actual Management Fees, of not less than 1.0 1.10 to 1.0; and (ii) and a Debt Service Coverage for the Ratio, on a combined Facility basis, after deduction of Assumed Management Fees, of not less than 1.25 to 1.0. (b) . If Borrower fails to achieve or provide evidence of achievement of the Debt Service Coverage for the FacilityRatio requirements set forth above, Borrower may deposit with Lender, at Borrower's ’s option within fifteen (15) days of such failure, additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage calculation, would have resulted in the noncomplying debt service requirement having been satisfied. If If, after Borrower has deposited such additional cash or liquid collateral, Borrower again fails to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility Ratio requirements set forth above and such failure continues for two (2) consecutive calendar quarters, Borrower may deposit with Lender, at Borrower's ’s option within fifteen (15) days after written notice to Borrower of such failure, additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement occurred to reduce the outstanding principal indebtedness of the Loan, would have resulted in the noncomplying debt service coverage requirement having been satisfiedsatisfied as of both quarterly testing dates. Any additional cash or liquid collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility Ratio and cure any existing default with respect thereto will be held by Lender in a standard custodial account and shall constitute additional collateral for the Loan Obligations and an "“Account" ” as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by Lender, in such order and manner as Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateral. Provided that there is no outstanding Default or Event of Default, such additional collateral which has not been applied to Table of Contents the Loan Obligations will be released by Lender at such time as Borrower provides Lender with evidence that the required debt service coverage requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.14) for two (2) consecutive fiscal quarters.

Debt Service Coverage Requirements. (a) Maintain (commencing with the closing of the Loan) and on a combined basis with all of the other Related Facilities, and, within forty-five (45) days after the end of each fiscal quarter of Borrower, provide evidence to Lender of the achievement of, the following debt service coverage ratios Debt Service Coverage Ratios until the Loan is paid in full: (i) a Debt Service Coverage for the FacilityRatio, after deduction of Actual Management Fees, of not less than 1.0 1.10 to 1.0; and (ii) a Debt Service Coverage for the Facility Ratio, after deduction of Assumed Management Fees, of not less than 1.25 to 1.0. (b) If Borrower fails to achieve or provide evidence of achievement of the Debt Service Coverage for the Facility, Borrower may deposit with Lender, at Borrower's option within Ratios required above upon fifteen (15) days of such failurewritten notice to Borrower, Borrower will deposit with Lender additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage calculation, would have resulted in the noncomplying debt service requirement having been satisfied. If after Borrower has deposited such additional cash or liquid collateralfailure continues for two (2) consecutive quarters, on the third consecutive quarter, if Borrower again fails to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility requirements set forth above and such failure continues for two (2) consecutive quartersRatios required above, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days after written notice to Borrower, Borrower of such failure, will deposit with Lender additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement occurred occurred, to reduce the outstanding principal indebtedness of the Loan, would have resulted in the noncomplying debt service coverage requirement having been satisfied. Any , and Borrower agrees promptly to provide such additional cash or other liquid collateral. Such additional collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility shall constitute and cure any existing default with respect thereto will be held by Lender in a standard custodial account account, and shall constitute additional collateral for the Loan Obligations and an "Account" as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by Lender, in such order and manner as Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateral. Provided that there is no outstanding Default or Event of Default, such additional collateral which has not been applied to the Loan Obligations will be released by Lender at such time as Borrower provides Lender with evidence that the required debt service coverage requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.14) for as of the end of each of two (2) consecutive fiscal quarters.

Debt Service Coverage Requirements. (a) Maintain (commencing with the closing of the Loan) and within forty-five (45) days after the end of each fiscal quarter of Borrower, provide evidence to Lender of the achievement of, the following debt service coverage ratios Debt Service Coverage Ratios until the Loan is Loans are paid in full: (i) a Debt Service Coverage for the FacilityRatio, after deduction of Actual Management Fees, of not less than 1.0 1.10 to 1.0; and; (ii) a Debt Service Coverage for the Facility Ratio after deduction of Assumed Management Fees, of not less than 1.15 to 1.0 for the trailing three (3) months ending June 30, 2008; (iii) a Debt Service Coverage Ratio after deduction of Assumed Management Fees, of not less than 1.20 to 1.0 for the trailing three (3) months ending September 30, 2008; and (iv) a Debt Service Coverage Ratio after deduction of Assumed Management Fees of not less than 1.25 to 1.0. (b) 1.0 for all remaining quarters during the term of the Loan commencing with the quarter ending on December 31, 2008, and continuing thereafter until the Loans are paid in full. If Borrower fails to achieve or provide evidence of achievement of the Debt Service Coverage for the FacilityRatio, Borrower may deposit with Lender, at Borrower's ’s option within fifteen (15) days of such failure, additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage calculation, would have resulted in the noncomplying debt service requirement having been satisfied. If after Borrower has deposited such additional cash or liquid collateral, Borrower again fails to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility Ratio requirements set forth above and such failure continues for two (2) consecutive quarters, Borrower may deposit with Lender, at Borrower's ’s option within fifteen (15) days after written notice to Borrower of such failure, additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement occurred to reduce the outstanding principal indebtedness of the Loan, would have resulted in the noncomplying debt service coverage requirement having been satisfied. Any additional cash or liquid collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility Ratio and cure any existing default with respect thereto will be held by Lender in a standard custodial account and shall constitute additional collateral for the Loan Obligations and an "“Account" ” as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by Lender, in such order and manner as Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateral. Provided that there is no outstanding Default or Event of Default, such additional collateral which has not been applied to the Loan Obligations will be released by Lender at such time as Borrower provides Lender with evidence that the required debt service coverage requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.14) for two (2) consecutive fiscal quarters.

Debt Service Coverage Requirements. (a) Maintain a. Achieve (commencing with the closing of the Loan) and ), and, within forty-five (45) days after the end of each fiscal quarter of Borrower, provide evidence satisfactory to the Lender of the achievement of, the following debt service coverage ratios until the Loan is paid in fullDebt Service Coverage ratios: (i) a Debt Service Coverage for the each Facility, individually, after deduction of Actual Management Fees, of not less than 1.0 to 1.0; and, to be tested quarterly based on the operation of the individual Facility for the prior twelve (12) months; (ii) a Debt Service Coverage for each Facility, individually, after deduction of Assumed Management Fees, of not less than 1.10 to 1.0, to be tested quarterly based on the operation of the individual Facility for the prior twelve (12) months ; and (iii) a Debt Service Coverage for the Facilities, combined, after deduction of Assumed Management Fees, of not less than 1.25 to 1.0, to be tested quarterly based on the combined operations of the Facilities for the prior twelve (12) months. (b) b. If Borrower fails to achieve or provide evidence of achievement of the Debt Service Coverage for the FacilityCoverage, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days of such failurewritten notice to Borrower, Borrower will deposit with Lender additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage Debt Service Coverage calculation, would have resulted in the noncomplying debt service Debt Service Coverage requirement having been satisfied. If after Borrower has deposited such additional cash or liquid collateral, Borrower again fails to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility requirements set forth above and such failure continues for two (2) consecutive quarters, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days after written notice to Borrower, Borrower of such failure, will deposit with Lender additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement occurred prior twelve (12) month period to reduce the outstanding principal indebtedness of the LoanLoan Obligations, would have resulted in the noncomplying debt service coverage Debt Service Coverage requirement having been satisfied. Any , Borrower agrees promptly to provide such additional cash or other liquid collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage collateral, which shall be held for the Facility and cure any existing default with respect thereto an additional two (2) consecutive quarters. Such additional Collateral will be held by the Lender in a standard custodial account account, and shall constitute additional collateral for the Loan Obligations and an "Account" as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by Lender, in such order and manner as Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateral. Provided that there is no outstanding Default or Event of Default, such additional collateral which has not been applied to the Loan Obligations will be released by Lender at such time as Borrower provides Lender with evidence that the required debt service coverage requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.14) for two (2) consecutive fiscal quarters.additional

Debt Service Coverage Requirements. (a) Maintain (commencing with the closing of the Loan) and within forty-five (45) days after the end of each fiscal quarter of Borrower, provide evidence to Lender of the achievement of, the following debt service coverage ratios until the Loan is paid in full:full (collectively the “Debt Service Coverage Requirements”): (i) Note I Loan: a Combined Debt Service Coverage for the Facilities (excluding the Carolina Beach Facility, the Lampasas Facility and the Yorktown Facility), after deduction of Assumed Management Fees and Actual Management FeesCost of Professional and General Liability and before the provision (benefit) for self-insured professional and general liability to the extent deducted in determining net income, based on a rolling twelve (12) month period, tested quarterly, of not less than 1.0 1.3 to 1.0; and (ii) Note I Loan and Note II Loan: a Combined Debt Service Coverage for the Facilities (excluding the Carolina Beach Facility, the Lampasas Facility and the Yorktown Facility), after deduction of Assumed Management FeesFees and Actual Cost of Professional and General Liability and before the provision (benefit) for self-insured professional and general liability to the extent deducted in determining net income, based on a rolling twelve (12) month period, tested quarterly based upon an assumed twenty-five (25) year amortization period, of not less than 1.25 1.05 to 1.0. Upon the satisfaction of the Loan Obligations associated with the Note II Loan, the Combined Debt Service Coverage Requirement described in this Section 4.14 (a) (ii) above shall no longer apply. (b) If Borrower fails to achieve or provide evidence of achievement of the Debt Service Coverage for the FacilityRequirements, Borrower may deposit with Lender, at Borrower's ’s option within fifteen (15) days of such failure, additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage calculation, would have resulted in the noncomplying debt service requirement having been satisfied. If after Borrower has deposited such additional cash or liquid collateral, Borrower again fails to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility requirements Requirements set forth above and such failure continues for two (2) consecutive quarters, Borrower may deposit with Lender, at Borrower's ’s option within fifteen (15) days after written notice to Borrower of such failure, additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement occurred to reduce the outstanding principal indebtedness of the Loan, would have resulted in the noncomplying debt service coverage requirement having been satisfied. Any additional cash or liquid collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility Requirements and cure any existing default with respect thereto will be held by Lender in a standard custodial account and shall constitute additional collateral for the Loan Obligations and an "“Account" ” as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by Lender, in such order and manner as Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateral. Provided that there is no outstanding Default or Event of Default, such additional collateral which has not been applied to the Loan Obligations will be released by Lender at such time as Borrower provides Lender with evidence that the required debt service coverage requirements Debt Service Coverage Requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.14) for two (2) consecutive fiscal quarters.

Debt Service Coverage Requirements. (a) Maintain a. Achieve (commencing with the closing of the Loan) and ), and, within forty-five (45) days after the end of each fiscal quarter of Borrower, provide evidence satisfactory to the Lender of the achievement of, the following debt service coverage ratios until the Loan is paid in fullDebt Service Coverage ratios: (i) a Debt Service Coverage for the each Facility, individually, after deduction of Actual Management Fees, of not less than 1.0 to 1.0; and, to be tested quarterly based on the operation of the individual Facility for the prior twelve (12) months; (ii) a Debt Service Coverage for each Facility, individually, after deduction of Assumed Management Fees, of not less than 1.10 to 1.0, to be tested quarterly based on the operation of the individual Facility for the prior twelve (12) months; and (iii) a Debt Service Coverage for the Facilities, combined, after deduction of Assumed Management Fees, of not less than 1.25 to 1.0, to be tested quarterly based on the combined operations of the Facilities for the prior twelve (12) months. (b) b. If Borrower fails to achieve or provide evidence of achievement of the Debt Service Coverage for the FacilityCoverage, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days of such failurewritten notice to Borrower, Borrower will deposit with Lender additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage Debt Service Coverage calculation, would have resulted in the noncomplying debt service Debt Service Coverage requirement having been satisfied. If after Borrower has deposited such additional cash or liquid collateral, Borrower again fails to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility requirements set forth above and such failure continues for two (2) consecutive quarters, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days after written notice to Borrower, Borrower of such failure, will deposit with Lender additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement occurred prior twelve (12) month period to reduce the outstanding principal indebtedness of the LoanLoan Obligations, would have resulted in the noncomplying debt service coverage Debt Service Coverage requirement having been satisfied. Any , Borrower agrees promptly to provide such additional cash or other liquid collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage collateral, which shall be held for the Facility and cure any existing default with respect thereto an additional two (2) consecutive quarters. Such additional Collateral will be held by the Lender in a standard custodial account account, and shall constitute additional collateral for the Loan Obligations and an "Account" as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by Lender, in such order and manner as Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateral. Provided that there is no outstanding Default or Event of Default, such additional collateral which has not been applied to the Loan Obligations will be released by Lender at such time as Borrower provides Lender with evidence that the required debt service coverage requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.14) for two (2) consecutive fiscal quarters.additional

Debt Service Coverage Requirements. (a) Maintain (commencing with the closing of the Loan) ), and within forty-five (45) days after of the end of each fiscal quarter of Borrower, provide evidence to Lender of the achievement of, the following debt service coverage Debt Service Coverage ratios until the Loan is Obligations are paid in full: (i) a Debt Service Coverage for the Facility, after deduction of Actual Management Fees, of not less than 1.0 to 1.0; and (ii) a Debt Service Coverage for the Facility Facility, after deduction of Assumed Management Fees, of not less than 1.25 to 1.0. (b) If Borrower fails to achieve or provide evidence of achievement of the Debt Service Coverage for the Facility, Borrower may deposit with Lender, at Borrower's option within Facility as required above upon fifteen (15) days of such failurewritten notice to Borrower, Borrower will deposit with Lender additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage calculation, would have resulted in the noncomplying debt service requirement having been satisfied. If after Borrower has deposited such additional cash or liquid collateralfailure continues for two (2) consecutive quarters, on the third consecutive quarter, if Borrower again fails to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility requirements set forth above and such failure continues for two (2) consecutive quartersCoverages required above, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days after written notice to Borrower, Borrower of such failure, will deposit with Lender additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement occurred occurred, is sufficient to reduce the outstanding principal indebtedness of the LoanLoan Obligations to an amount that, would have resulted in upon recalculating principal amortization accordingly, the noncomplying debt service coverage requirement having been satisfied. Any additional cash or liquid collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility and cure any existing default with respect thereto will be held by Lender in a standard custodial account and shall constitute additional collateral for the Loan Obligations and an "Account" as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by Lender, in such order and manner as Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateral. Provided that there is no outstanding Default or Event of Default, such additional collateral which has not been applied to the Loan Obligations will be released by Lender at such time as Borrower provides Lender with evidence that the required debt service coverage requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.14) for two (2) consecutive fiscal quarters.requirement

Debt Service Coverage Requirements. (a) Maintain (commencing with the closing of the Loan) and ), and, within forty-five (45) days after the end of each fiscal quarter of Borrowereach Facility, provide evidence satisfactory to Lender of the achievement of, the following debt service coverage Debt Service Coverage for the Facilities ratios until the Loan is Obligations are paid in full: (i) a Debt Service Coverage for the FacilityFacilities, after deduction of Actual Management Fees, of not less than 1.10 to 1.0 to 1.0based on a rolling twelve (12) month period, tested quarterly; and (ii) a Debt Service Coverage for the Facility Facilities, after deduction of Assumed Management Fees, of not less than 1.25 to 1.01.0 based on a rolling twelve (12) month period, tested quarterly. (b) If Borrower fails the Facilities fail for two consecutive quarters to achieve or provide evidence of achievement of the Debt Service Coverage for the FacilityFacilities, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days of such failurewritten notice to Borrower, Borrower will deposit with Lender additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage calculation, would have resulted in the noncomplying debt service coverage requirement having been satisfied. If after Borrower has deposited such additional cash or liquid collateral, Borrower again fails to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility requirements set forth above and such failure continues for two four (24) consecutive quartersquarters after deposit of the requisite additional cash or other liquid collateral, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days after written notice to Borrower, Borrower of such failure, will deposit with Lender additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement occurred to reduce the outstanding principal indebtedness of the LoanLoan Obligations, would have resulted in the noncomplying debt service coverage requirement having been satisfied. Any , and Borrower agrees promptly to provide such additional cash or other liquid collateral. Such additional collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility and cure any existing default with respect thereto will be held by Lender in a standard custodial account account, and shall constitute additional collateral for the Loan Obligations and an "Account" as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by Lender, in such order and manner as Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateral. Provided that there is no outstanding Default or Event of Default, such additional collateral which has not been applied to the Loan Obligations will be released by Lender at such time as Borrower provides Lender with evidence that the required debt service coverage requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.144.13) for as of the end of each of two (2) consecutive fiscal quarters.

Debt Service Coverage Requirements. (a) Maintain (commencing with the closing of the Loan) ), and within forty-five (45) days after of the end of each fiscal quarter of Borrower, provide evidence to Lender of the achievement of, the following debt service coverage ratios (calculated on a trailing 12 month basis) until the Loan is Obligations are paid in full: (i) a Debt Service Coverage for the Facility, after deduction of Actual Management Fees, of not less than 1.0 to 1.0; and (ii) a Debt Service Coverage for the Facility Facility, after deduction of Assumed Management Fees, of not less than 1.25 to 1.0. (b) If Borrower fails to achieve or provide evidence of achievement of the Debt Service Coverage for the Facility, Borrower may deposit with Lender, at Borrower's option within fifteen (15) days of such failure, additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage calculation, would have resulted in the noncomplying debt service requirement having been satisfied. If after Borrower has deposited such additional cash or liquid collateral, Borrower again fails to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility requirements set forth above and such failure continues for two (2) consecutive quarters, Borrower may deposit with Lender, at Borrower's option within fifteen (15) days after written notice to Borrower of such failure, additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement occurred to reduce the outstanding principal indebtedness of the Loan, would have resulted in the noncomplying debt service coverage requirement having been satisfied. Any additional cash or liquid collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility and cure any existing default with respect thereto will be held by Lender in a standard custodial account and shall constitute additional collateral for the Loan Obligations and an "Account" as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by Lender, in such order and manner as Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateral. Provided that there is no outstanding Default or Event of Default, such additional collateral which has not been applied to the Loan Obligations will be released by Lender at such time as Borrower provides Lender with evidence that the required debt service coverage requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.14) for two (2) consecutive fiscal quarters.

Debt Service Coverage Requirements. (a) Maintain (commencing with Achieve, by the closing of quarter ending December 31, 2010, and maintain thereafter throughout the Loan) term, and within forty-five (45) days after the end of each fiscal quarter of BorrowerBorrowers, provide evidence to Lender of the achievement of, the following debt service coverage ratios Debt Service Coverage Ratio until the Loan is Loans are paid in full: (i) : a Debt Service Coverage for the Facility, after deduction of Actual Management Fees, of not less than 1.0 to 1.0; and (ii) a Debt Service Coverage for the Facility Ratio after deduction of Assumed Management Fees, of not less than 1.25 to 1.01.0 until the Loans are paid in full. (b) If Borrower fails Borrowers fail to achieve or provide evidence of achievement of the Debt Service Coverage for the FacilityRatio, Borrower Borrowers may deposit with Lender, at Borrower's ’s option within fifteen (15) days of such failure, additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage calculationDebt Service Coverage Ratio, would have resulted in the noncomplying debt service requirement Debt Service Coverage Ratio having been satisfied. If after Borrower has Borrowers have deposited such additional cash or liquid collateral, Borrower Borrowers again fails fail to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility requirements Ratio requirement set forth above and such failure continues for two (2) consecutive quarters, Borrower Borrowers may deposit with Lender, at Borrower's Borrowers’ option within fifteen (15) days after written notice to Borrower of such failure, additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement Debt Service Coverage Ratio occurred to reduce the outstanding principal indebtedness of the LoanLoans, would have resulted in the noncomplying debt service coverage requirement Debt Service Coverage Ratio having been satisfied. Any additional cash or liquid collateral deposited by a Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility Ratio and cure any existing default with respect thereto will be held by Lender in a standard custodial account and shall constitute additional collateral Collateral for the Loan Obligations and an "“Account" ” as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by Lender, in such order and manner as Lender may elect, to the reduction of the Loan Obligations. Borrower Borrowers shall not be entitled to any interest earned on such additional collateralCollateral. Provided that there is no outstanding Default or Event of Default, such additional collateral Collateral which has not been applied to the Loan Obligations will be released by Lender at such time as Borrower provides Borrowers provide Lender with evidence that the required debt service coverage requirements Debt Service Coverage Ratio outlined above have has been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.14) for two (2) consecutive fiscal quarters.

Debt Service Coverage Requirements. (a) Maintain (commencing Commencing with the closing of the Loan) Loan and within forty-five (45) days after thereafter on the end first day of each fiscal quarter of Borrowerquarter, provide evidence to Lender within fifteen (15) days of such date of the achievement of, and maintenance of the following debt service coverage quarterly Debt Service Coverage ratios until based upon operations for the Loan is paid in fullprevious twelve (12) months: (i) a Debt Service Coverage for the FacilityNursing Home, after deduction of Actual Management Fees, of not less than 1.0 to over 1.0; and; (ii) a Debt Service Coverage for the Facility Nursing Home, after deduction of Assumed Management Fees, of not less than 1.10 over 1.0; and (iii) a combined Debt Service Coverage for the combined operations of the Nursing Home, Good Samaritan Nursing Home of St. Petersburg, Florida, Aftox Xxxx Xxxsing Home of Houston, Texas, and Windsor House Nursing Home of Huntsville, Alabama, after deduction of Assumed Management Fees, of not less than 1.25 to over 1.0. (b) If Borrower DLC fails to achieve or provide evidence of achievement of the above Debt Service Coverage for the Facility, Borrower may deposit with Lender, at Borrower's option within Coverages upon fifteen (15) days of such failurewritten notice to DLC, Borrower and the Guarantors will deposit with Lender additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage calculation, would have resulted in the noncomplying debt service requirement having been satisfied. If after Borrower has deposited such additional cash or liquid collateralfailure continues for two (2) consecutive quarters, Borrower on the third consecutive quarter, if DLC again fails to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility requirements set forth above and such failure continues for two (2) consecutive quartersCoverages required above, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days after written notice to DLC, Borrower of such failure, and the Guarantors will deposit with Lender additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of such twelve (12) month period (or such lesser period as shall have elapsed following the first quarter for which such noncompliance closing of the debt service coverage requirement occurred Loan) to reduce the outstanding principal indebtedness of the LoanLoan Obligations, would have resulted in the noncomplying debt service coverage requirement having been satisfied. Any , and Borrower and the Guarantors agree promptly to provide such additional cash or other liquid collateral. Such additional collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility shall constitute and cure any existing default with respect thereto will be held by the Lender in a standard custodial account account, and shall constitute additional collateral Collateral for the Loan Obligations and an "Account" as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by Lender, in such order and manner as Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateral. Provided that there is no outstanding Default or Event of Default, such additional collateral which has not been applied to the Loan Obligations will be released by Lender at such time as Borrower provides Lender with evidence that the required debt service coverage requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.14) for two (2) consecutive fiscal quarters.Loan

Debt Service Coverage Requirements. (a) Maintain (commencing Achieve and maintain compliance with the closing of the Loan) and within forty-five (45) days following Debt Service Coverage Ratios, after the end of each fiscal quarter of BorrowerAssumed Management Fees, provide evidence to Lender of the achievement of, for the following debt service coverage ratios periods: Quarter ending December 31, 2011 and each quarter thereafter through September 30, 2013 1.10 to 1.0 (based on interest only payments due under the Notes for such period) Quarter ending December 31, 2013 and each quarter thereafter through September 30, 2014 1.30 to 1.0 (based on interest only payments due under the Notes for such period) Quarter ending December 31, 2014 and each quarter thereafter until the Loan is Loans are paid in full:full 1.30 to 1.0 (based on principal and interest payments due under the Notes for such period) (ib) Achieve and maintain compliance with a Debt Service Coverage for the FacilityRatio, after deduction of Actual Management Fees, of not less than 1.0 to 1.0; and (ii) a Debt Service Coverage , for the Facility after deduction of Assumed Management Feesquarter ending December 31, of not less than 1.25 to 1.02011, and for each quarter thereafter until the Loans are paid in full. (bc) If Borrower fails Borrowers fail to achieve or provide evidence of achievement of the Debt Service Coverage for Ratio requirements of paragraphs (a) and/or (b) above (the Facility“DSC Requirements”), Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days of such failurewritten notice to Borrowers, Borrowers will deposit with Lender additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage calculationcalculation of the noncompliant Debt Service Coverage Ratio, would have resulted in the noncomplying debt service requirement DSC Requirement having been satisfied. If the DSC Requirement is not achieved, 1942134 v3 based solely on Facility generated cash flow and not counting any additional collateral posted by Borrowers pursuant to the preceding sentence, after Borrower has deposited such additional cash or liquid collateraltwo (2) consecutive quarters, Borrower on the third consecutive quarter, if Borrowers again fails fail to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility requirements set forth above and such failure continues for two (2) consecutive quartersDSC Requirements, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days after written notice to Borrower of such failureBorrowers, additional Borrowers must increase the cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in ) on deposit with Lender pursuant to this paragraph (c) to an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement occurred DSC Requirement occurred, is sufficient to reduce the outstanding principal indebtedness of the LoanLoan Obligations, and would have resulted in the noncomplying debt service coverage requirement DSC Requirement having been satisfied. Any , and Borrowers agree promptly to provide such additional cash or other liquid collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility collateral. Such additional Collateral shall constitute and cure any existing default with respect thereto will be held by the Lender in a standard custodial account account, and shall constitute additional collateral for the Loan Obligations and an "“Account" ” as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by the Lender, in such order and manner as the Lender may elect, to the reduction of the Loan Obligations. Borrower Borrowers shall not be entitled to any interest earned on such additional collateralCollateral. Provided that there is no outstanding Default or Event of Default, such additional collateral Collateral which has not been applied to the Loan Obligations will be released by the Lender at such time as Borrower provides Borrowers provide the Lender with evidence that the required debt service coverage requirements DSC Requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.14) for as of the end of each of two (2) consecutive fiscal quarters...

Debt Service Coverage Requirements. (a) Maintain a. Achieve (commencing with the closing of the Loan) and ), and, within forty-five (45) days after the end of each fiscal quarter of Borrower, provide evidence satisfactory to the Lender of the achievement of, the following debt service coverage ratios until Debt Service Coverage for the Loan is paid in fullFacility ratios: (i) a Debt Service Coverage for the Facility, after deduction of Actual Management Fees, of not less than 1.0 to 1.0; andover 1.0 based on a rolling twelve (12) month period; (ii) a Debt Service Coverage for the Facility Facility, after deduction of Assumed Management Fees, of not less than 1.2 over 1.0 based on a rolling twelve (12) month period; and (iii) in the event the Facility is both operated and managed by Lessee, a Debt Service Coverage for the Facility of not less than 1.25 to 1.0over 1.0 based on a rolling twelve (12) month period. (b) b. If Borrower fails to achieve or provide evidence of achievement of the Debt Service Coverage for the Facility, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days of such failurewritten notice to Borrower, Borrower will deposit with Lender additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage calculation, would have resulted in the noncomplying debt service coverage requirement having been satisfied. If after Borrower has deposited such additional cash or liquid collateralfailure continues for two (2) consecutive quarters, on the third consecutive quarter, if Borrower again fails to achieve or provide evidence of the achievement of the Debt Service Coverage Coverages for the Facility requirements set forth above and such failure continues for two (2) consecutive quartersrequired above, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days after written notice to Borrower, Borrower of such failure, will deposit with Lender additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement occurred to reduce the outstanding principal indebtedness of the LoanLoan Obligations, would have resulted in the noncomplying debt service coverage requirement having been satisfied. Any , and Borrower agrees promptly to provide such additional cash or other liquid collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility and cure any existing default with respect thereto collateral. Such additional Collateral will be held by the Lender in a standard custodial account account, and shall constitute additional collateral for the Loan Obligations and an "Account" as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by the Lender, in such order and manner as the Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateralCollateral. Provided that there is no outstanding Default or Event of Default, such additional collateral Collateral which has not been applied to the Loan Obligations will be released by the Lender at such time as Borrower provides the Lender with evidence that the required debt service coverage requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.144.13) for as of the end of each of two (2) consecutive fiscal quarters.

Debt Service Coverage Requirements. (a) a. Maintain (commencing with the closing of the Loan) and ), and, within forty-five (45) days after the end of each fiscal quarter of Borrowerthe Facility, provide evidence satisfactory to the Lender of the achievement of, the following debt service coverage Debt Service Coverage for the Facility ratios until the Loan is Obligations are paid in full: (i) a Debt Service Coverage for the Facility, after deduction of Actual Management Fees, of not less than 1.0 to 1.0; and (ii) a Debt Service Coverage for the Facility Facility, after deduction of Assumed Management Fees, of not less than 1.25 to 1.0. (b) b. If Borrower fails the Facilities fail for two consecutive quarters to achieve or provide evidence of achievement of the Debt Service Coverage for the Facility, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days of such failurewritten notice to Borrower, Borrower will deposit with Lender additional cash or other liquid collateral in an amount which, when added to the first number of the debt service coverage calculation, would have resulted in the noncomplying debt service coverage requirement having been satisfied. If after Borrower has deposited such additional cash or liquid collateral, Borrower again fails to achieve or provide evidence of the achievement of the Debt Service Coverage for the Facility requirements set forth above and such failure continues for two four (24) consecutive quartersquarters after deposit of the requisite additional cash or other liquid collateral, Borrower may deposit with Lender, at Borrower's option within upon fifteen (15) days after written notice to Borrower, Borrower of such failure, will deposit with Lender additional cash or other liquid collateral (with credit for amounts currently being held by Lender pursuant to the foregoing sentence), in an amount which, if the same had been applied on the first (1st) day of the first quarter for which such noncompliance of the debt service coverage requirement occurred to reduce the outstanding principal indebtedness of the LoanLoan Obligations, would have resulted in the noncomplying debt service coverage requirement having been satisfied. Any , and Borrower agrees promptly to provide such additional cash or other liquid collateral deposited by Borrower hereunder in order to achieve the required Debt Service Coverage for the Facility and cure any existing default with respect thereto collateral. Such additional Collateral will be held by the Lender in a standard custodial account account, and shall constitute additional collateral for the Loan Obligations and an "Account" as defined in this Agreement, and, upon the occurrence of an Event of Default, may be applied by Lender, in such order and manner as Lender may elect, to the reduction of the Loan Obligations. Borrower shall not be entitled to any interest earned on such additional collateral. Provided that there is no outstanding Default or Event of Default, such additional collateral which has not been applied to the Loan Obligations will be released by Lender at such time as Borrower provides Lender with evidence that the required debt service coverage requirements outlined above have been achieved and maintained (without regard to any cash deposited pursuant to this Section 4.14) for two (2) consecutive fiscal quarters.shall