Common use of Indebtedness; Capital Expenditures Clause in Contracts

Indebtedness; Capital Expenditures. Borrower shall not incur, create, assume, become or be liable in any manner with respect to, or permit to exist, any Indebtedness, except (i) the Liabilities, (ii) HUD Financing (but only for purposes of payment and release of a Borrower and such Borrower’s Collateral in accordance with Section 6.8 hereof), (iii) the Commercial Leases, and any extensions or renewals thereof, (iv) trade obligations and normal accruals in the ordinary course of business not yet due and payable, (v) the indebtedness not to at any time exceed Three Million and No/100 Dollars ($3,000,000.00) relating to the purchase money security interests and Capitalized Lease Obligations permitted pursuant to Section 9.1 hereof, and (vi) intercompany Indebtedness of the Borrower to the extent permitted under Section 9.4.

Indebtedness; Capital Expenditures. Borrower shall not incur, create, assume, become or be liable in any manner with respect to, or permit to exist, any Indebtedness, except (i) the Liabilities, (ii) HUD Financing (but only for purposes of payment and release of a Borrower and such Borrower’s Collateral in accordance with Section 6.8 hereof)the Capmark Mortgage Loan, (iii) the Commercial Leases, and any extensions or renewals thereof, (iv) trade obligations and normal accruals in the ordinary course of business not yet due and payable, (v) the indebtedness not to at any time exceed Three Million Seven Hundred Fifty Thousand and No/100 Dollars ($3,000,000.00750,000.00) relating to the purchase money security interests and Capitalized Lease Obligations permitted pursuant to Section 9.1 hereof, and (vi) intercompany Indebtedness of the Borrower to the extent permitted under Section 9.4, and (vii) the Indebtedness incurred in connection with the Rose Terrace Lease.

Indebtedness; Capital Expenditures. Borrower shall not incur, create, assume, become or be liable in any manner with respect to, or permit to exist, any Indebtedness, except (i) the Liabilities, (ii) HUD Financing (but only for purposes of payment and release of a Borrower and such Borrower’s Collateral in accordance with Section 6.8 hereof), (iii) the Commercial Leases, and any extensions or renewals thereof, (iv) trade obligations and normal accruals in the ordinary course of business not yet due and payable, (v) the indebtedness not to at any time exceed Three Million Seven Hundred Fifty Thousand and No/100 Dollars ($3,000,000.00750,000.00) relating to the purchase money security interests and Capitalized Lease Obligations permitted pursuant to Section 9.1 hereof, and (vi) intercompany Indebtedness of the Borrower to the extent permitted under Section 9.4.

Indebtedness; Capital Expenditures. Borrower shall not incur, create, assume, become or be liable in any manner with respect to, or permit to exist, any Indebtedness, except (i) the Liabilities, (ii) HUD Financing (but only for purposes of payment and release of a Propco Borrower and such Propco Borrower’s Collateral in accordance with Section 6.8 hereof), (iii) the Commercial Leases, and any extensions or renewals thereof, (iv) trade obligations and normal accruals in the ordinary course of business not yet due and payable, (v) the indebtedness not to at any time exceed Three Million and No/100 Dollars ($3,000,000.00) relating to the purchase money security interests and Capitalized Lease Obligations permitted pursuant to Section 9.1 hereof, and (vi) intercompany Indebtedness of the Borrower to the extent permitted under Section 9.4.

Indebtedness; Capital Expenditures. Borrower shall not incur, create, assume, become or be liable in any manner with respect to, or permit to exist, any Indebtedness, except (i) the Liabilities, (ii) HUD Financing (but only for purposes of payment and release of a Propco Borrower and such Propco Borrower’s Collateral in accordance with Section 6.8 hereof), (iii) the Commercial Leases, and any extensions or renewals thereof, (iv) trade obligations and normal accruals in the ordinary course of business not yet due and payable, (v) the indebtedness not to at any time exceed Three Million and No/100 Dollars ($3,000,000.00) relating to the purchase money security interests and Capitalized Lease Obligations permitted pursuant to Section 9.1 hereof, and (vi) intercompany Indebtedness of the Borrower to the extent permitted under Section 9.4., and (vii) the CARES Act Deferred Payroll Taxes. - 77 - DM3\7000734.9