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<br />ARTICLE 9 <br /> <br />EVENTS OF DEFAULT AND REMEDIES <br /> <br />SECTION 9.01. EVENTS OF DEFAULT. Anyone or more of the following events shall <br />constitute a Default or an Event of Default under this Loan Agreement: <br /> <br />(a) failure by the Corporation to pay any amounts required under Section 4.02 <br />to be paid hereunder on or before the date the payment is due: <br /> <br />(b) failure by the Corporation to deliver to the Lender the moneys needed to <br />redeem any Outstanding Bonds in the manner and upon the date required by the ternlS of the <br />Bonds or the Resolution; <br /> <br />(c) failure by the Corporation to observe and perform any covenant, condition, <br />or agreement on its part to be observed or performed, other than as referred to in all <br />subsections other than subsection (c) of this Section, for a period of30 days after notice of <br />such failure requesting such failure to be remedied. given to the Corporation by the Lender <br />or the Issuer, unless the Lender and the Issuer shall agree in writing to an extension of such <br />time prior to its expiration; provided, however, that if and so long as the Corporation is <br />proceeding with due diligence to cure the default such 30 day period shall be extended to <br />such period as is required to permit the Corporation proceeding with due diligence to cure <br />such default; and <br /> <br />(d) the dissolution or liquidation of the Corporation or the filing by the <br />Corporation of a voluntary petition in bankruptcy, or failure by the Corporation promptly <br />to lift any execution, garnishment, or attachment of such consequence as will impair its <br />ability to carry out its obligations under this Loan Agreement, or the commission by the <br />Corporation of any act of bankruptcy, or adjudication of the Corporation as a bankrupt under <br />the Federal Bankruptcy Act or assignment by the Corporation into an agreement of <br />composition with its creditors. or the approval by a comi of competent jurisdiction of a <br />petition applicable to the Corporation in an)' proceeding for its reorganization or <br />arrangement instituted under the provisions of the Federal Bankruptcy Code, or under any <br />similar act which may hereafter be enacted. The term "dissolution or liquidation of the <br />Corporation," as used in this subsection, shall not be construed to include the cessation of <br />the corporate existence of the Corporation resulting either from a merger or consolidation <br />of the Corporation into or with another corporation or a dissolution or liquidation of the <br />Corporation following a transfer of all or substantially all of its assets as an entirety, under <br />the conditions penllitting such actions contained in Section 7.04. <br /> <br />The provisions of subsection (c) of this Section are subject to the following limitations: If <br />by reason of acts of God; fire; epidemics: landslides; floods; strikes: lockouts: or other industrial <br />disturbances; acts of public enemies; acts or orders of any kind of any governmental authority: <br />insurrections; riots; civil disturbances; explosions: breakage; or accident to machinery, transmission <br />pipes or canals: paIiial or entire failure of utilities: or any cause or event not reasonably within the <br /> <br />9-1 <br />