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8333729v2 15 Section 4.7 Facility Operation and Maintenance Expenses. The Borrower shall pay or cause to be paid all expenses of the operation and maintenance of the Facility including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Facility and payable during the term of this Agreement. The Borrower shall keep the Facility in good working order and condition, subject to ordinary wear and tear. The Facility shall not be used for purposes which violate any Federal, State or other laws prohibiting discrimination in access or employment based on race, creed, sex, sexual orientation, handicap, ethnic origin, age or marital status. Section 4.8 Notification of Changes. The Borrower covenants and agrees that it will promptly notify the Lender of: (1) any litigation which might affect the Borrower or any of its properties, where the amount in dispute, singly or in the aggregate, exceeds $50,000 and is not covered by insurance, and any proceedings materially affecting the Borrower or its properties by or before any governmental or regulatory authority; (2) the occurrence of any Event of Default under this Agreement or under any other loan agreement, debenture, notes, purchase agreement or any other agreement providing for the borrowing of money by the Borrower or any event of which the Borrower has knowledge and which, with the passage of time or giving of notice, or both, would constitute an Event of Default under this Agreement or under such other agreements or obligations whether owing to the Lender or other lenders; and (3) any material adverse change in the operations, business, properties, assets or conditions, financial or otherwise, of the Borrower. Section 4.9 Financial Covenants. The Borrower will: (a) Maintain a Debt Service Coverage Ratio of at least 1.25 to 1.00, measured annually at the end of each Fiscal Year based on audited financial statements for such Fiscal Year; (b) Deliver to the Lender audited financial statements within [120] days of each Fiscal Year end; (c) Deliver to the Lender internally prepared financial statements within 30 days of the end of each fiscal quarter; (d) Deliver to the Lender an annual compliance certificate substantially in the form of Exhibit A within 120 days of the end of each Fiscal Year; (e) Deliver to the Lender an annual budget for the upcoming Fiscal Year by June 30 of each year; and (f) Maintain its main depository and checking relationship with the Lender for the term of the Note.