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(m) In the event any lawsuit shall be filed against Borrower (i) which enjoins the <br /> ongoing construction or rehabilitation of the Improvements or effectively causes the construction <br /> or rehabilitation of the Improvements to be stopped or delayed, or (ii) which, if adversely <br /> determined, would substantially impair the ability of Borrower to perform its obligations under <br /> the Loan Documents or complete the construction or rehabilitation of the Improvements by the <br /> Target Completion Date, and which is not dismissed within sixty(60)days after its filing; <br /> (n) A failure of the Loan to be In-Balance as required by Section 16.1 of this <br /> Agreement and the continuation of such failure for a period of ten (10) days after written notice <br /> of such failure has been sent to Borrower; <br /> (o) In the event all of the conditions set forth in Section 9.1 of this Agreement have <br /> not occurred or otherwise been satisfied or waived by MBI in writing on or before the <br /> Termination Date; <br /> (p) The dissolution, liquidation, winding-up or termination of Borrower or the <br /> business of Borrower; <br /> (q) Except for organizational changes otherwise expressly permitted under the Loan <br /> Documents,the occurrence of any material organizational change in Borrower or General Partner, <br /> including, without limitation, any member, partnership or joint venture dispute which MBI <br /> determines, in its sole and absolute discretion, shall have a material adverse effect on the Loan, <br /> on the Project, or on the ability of Borrower to perform its obligations under the Loan Documents <br /> or the occurrence of any organizational change that requires a "transfer of physical assets" or a <br /> "modified review transfer of physical assets" as such terms are defined by HUD; <br /> (r) A consolidation or merger of Borrower; <br /> (s) An assignment by Borrower for the benefit of its creditors; <br /> (t) The appointment of a receiver, trustee, custodian or liquidator for Borrower or <br /> any of its assets, which appointment is consented to or, if not consented to, shall not be removed <br /> or discharged within sixty(60)days after such appointment; <br /> (u) The filing of a petition by or on behalf of Borrower for relief under the United <br /> States Bankruptcy Code, or under any other present or future state or federal law regarding <br /> bankruptcy, reorganization or other debtor relief law, which petition is consented to or, if <br /> involuntary,remains undismissed for sixty(60)days after such filing; <br /> (v) One or more judgments for the payment of money shall have been entered <br /> against Borrower or any Co-Maker, which judgment or judgments exceed Two Hundred Fifty <br /> Thousand and 00/100 Dollars ($250,000.00) in the aggregate with respect to Borrower or any <br /> such Co-Maker, and such judgment or judgments shall have remained undischarged and unstayed <br /> for a period of ninety (90) consecutive days, and, in the event such judgment or judgments are <br /> entered against any Co-Maker, the failure of Borrower to provide a substitute accommodation <br /> party acceptable to MBI, in its sole and absolute discretion, within ninety (90) days after such <br /> judgment or judgments have been entered; <br /> (w) An assignment by any Co-Maker for the benefit of its creditors and the failure of <br /> Borrower to provide a substitute accommodation party acceptable to MBI, in its sole and absolute <br /> discretion, within sixty(60)days after such assignment; <br /> Page 59 <br />