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12316323v3 36 This Section shall not be construed to prohibit the Borrower from serving indigent patients to the extent required for it to continue its qualification as a tax-exempt organization or to maintain eligibility to participate in the Medicare and Medicaid programs, to comply with any other requirements of law, or from servicing any other class of patients without charge or at reduced rates so long as such service does not prevent the Borrower from satisfying the other requirements of this Section. Section 6.10 Transfers of Assets. The Borrower covenants that, during the term hereof, except as may otherwise be necessary or desirable in order to maintain the status of the Borrower as an organization described in Section 501(c)(3) of the Internal Revenue Code, exempt from the payment of income taxes under Section 501(a) of the Code, it shall not transfer its interest in any of its assets to any person for consideration of less than fair market value, provided, however, that the Borrower may, without violating the covenant set forth in this Section, transfer to a commonly controlled affiliate during any fiscal year of the Borrower operating revenues or other moneys of the Borrower, so long as: (a) at the time no Event of Default shall have occurred or be continuing hereunder; and (b) at the time the amount on hand in the Reserve Fund is at least equal to the Reserve Requirement, (c) for the prior fiscal year, the Borrower shall have had Income Available for Debt Service at least equal to [120%] of Total Principal and Interest Requirements, and (d) as of the final day of the prior fiscal year of the Borrower, the Borrower had not less than [60] Days Cash on Hand, as such term is used in and otherwise in accordance with the requirements of Section 6.12 hereof. In the event that the Borrower makes a transfer to a commonly controlled affiliate and such transfer is thereafter deemed to violate the provisions of this Section, the Borrower shall forthwith seek to have all necessary funds or property returned from such affiliate in order to maintain compliance with this covenant. Section 6.11 Additional Parity Indebtedness. Subject to the conditions set forth below, the Borrower may incur Additional Parity Indebtedness secured on a parity with the Mortgage to provide financing for improvements or additions to the Project Facilities, or, subject to applicable law, to refund any Bonds then outstanding or any Additional Parity Indebtedness, or any combination of such purposes: (a)The Borrower must either: (i) deliver to the Trustee a Certificate signed by an Independent certified public accountant or firm of certified public accountants selected by the Borrower demonstrating, for each of the prior two Fiscal Years of Borrower, Income Available for Debt Service equal to not less than [120%] of Total Principal and Interest Requirements on all outstanding Bonds and any outstanding Additional Parity Indebtedness, together with the maximum Total Principal and Interest Requirements on such Additional Parity Indebtedness for any future year, but excluding, for purposes of such computation, the Total Principal and Interest Requirements on any outstanding Bonds or outstanding Additional Parity Indebtedness to be refunded or refinanced by such Additional Parity Indebtedness, or (ii) deliver to the Trustee an examined financial forecast prepared by an Independent certified public accountant or firm of Independent certified public accountants selected by the Borrower demonstrating, for a period of not less than five years, commencing with the year following the year in which the Additional Parity Indebtedness is incurred or, if the Additional Parity Indebtedness is incurred to finance improvements or additions to the Project Facilities, commencing in the year following the completion of such improvements or additions, Income Available for Debt Service equal to not less than [125%] of Total Principal and Interest Requirements on all outstanding Bonds and