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Events of Default <br /> Each of the following is an"Event of Default"under the Loan Agreement: <br /> (a) The Borrower fails to pay any Loan Payment on or prior to the date on which that Loan <br /> Payment is due and payable or within the cure period; <br /> (b) The Borrower fails to observe and perform any other agreement, term or condition <br /> contained in the Loan Agreement and such failure continues for a period of 30 days after the Borrower <br /> has been provided written notice thereof by the Issuer or the Trustee, or for such longer period as the <br /> Issuer and the Trustee may agree to in writing; provided, that if the failure is other than the payment of <br /> money and is of such nature that it can be corrected but not within the applicable period, that failure will <br /> not constitute an Event of Default so long as the Borrower institutes curative action within the applicable <br /> period and diligently pursues that action to completion, which must be resolved within 180 days after the <br /> aforementioned notice; <br /> (c) The Borrower: (i)admits in writing its inability to pay its debts generally as they become <br /> due; (ii) has an order for relief entered in any case commenced by or against it under the federal <br /> bankruptcy laws, as now or hereafter in effect, which is not dismissed within 90 days; (iii) commences a <br /> proceeding under any other federal or state bankruptcy, insolvency, reorganization or similar law, or has <br /> such a proceeding commenced against it and either has an order of insolvency or reorganization entered <br /> against it or has the proceeding remain undismissed and unstayed for 90 days; (iv) makes an assignment <br /> for the benefit of creditors; or (v)has a receiver or trustee appointed for it or for the whole or any <br /> substantial part of its property which appointment is not vacated within a period of 90 days; <br /> (d) Any representation or warranty made by the Borrower in the Loan Agreement or any <br /> statement in any report, certificate, financial statement or other instrument furnished in connection with <br /> the Loan Agreement or with the purchase of the Bonds shall at any time prove to have been false or <br /> misleading in any adverse material respect when made or given; and <br /> (e) Upon the occurrence of an "Event of Default" as defined in the Indenture or the <br /> Regulatory Agreement. <br /> Notwithstanding the foregoing, if, by reason of Force Majeure (as defined in the Loan <br /> Agreement), the Borrower is unable to perform or observe any agreement, term or condition of the Loan <br /> Agreement which would give rise to an Event of Default under the Loan Agreement, the Borrower will <br /> not be deemed in default during the continuance of such inability. However, the Borrower is required to <br /> promptly give notice to the Trustee and the Issuer of the existence of an event of Force Majeure and shall <br /> use its best efforts to remove the effects thereof; provided that the settlement of strikes or other industrial <br /> disturbances shall be entirely within its discretion. <br /> The declaration of an Event of Default under subsection (c) above and the exercise of remedies <br /> upon any such declaration are subject to any applicable limitations of federal bankruptcy law affecting or <br /> precluding that declaration or exercise during the pendency of or immediately following any bankruptcy, <br /> liquidation or reorganization proceedings. <br /> Amendments, Changes and Modifications <br /> Except as otherwise provided in the Indenture, the Loan Agreement may not be amended, <br /> changed,modified,altered or terminated without the prior written consent of the parties thereto. <br /> -29 - <br />