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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 Sections 4.02 <br />and 4.03 to be paid hereunder on or before the date the payment is due and the continuance <br />of such nonpayment for a period ending at the close of business three (3) Business Days after <br />the date the payment is due, except that the payment for the month next preceding each <br />Interest Payment Date shall be paid at the close of business on the date payment is due; <br /> <br />(b) failure by the Corporation to deliver to the Trustee the moneys needed to <br />redeem any Outstanding Bonds in the manner and upon the date required by the terms of the <br />Bonds or the Indenture; <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 subsections <br />(a), (b), (d) or (e) of this Section, for a period of thirty (30) days after notice of such failure <br />requesting such failure to be remedied, given to the Corporation by the Trustee or the Issuer, <br />unless the Trustee and the Issuer shall agree in writing to an extension of such time prior to <br />its expiration; provided, however, that if and so long as the Corporation is proceeding with <br />due diligence to cure the default, such 30-day period shall be extended to such period as is <br />required to permit the Corporation proceeding with due diligence to cure such default; <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 to <br />lift any execution, garnishment, or attachment of such consequence as will impair its ability <br />to carry out its obligations under this Loan Agreement, or the commission by the Corporation <br />of any act of bankruptcy, or adjudication of the Corporation as a bankrupt under the Federal <br />Bankruptcy Act, or assignment by the Corporation into an agreement of composition with <br />its creditors, or the approval by a court of competent jurisdiction of a petition applicable to <br />the Corporation in any proceeding for its reorganization or arrangement instituted under the <br />provisions of the Federal Bankruptcy Code, or under any similar act which may hereafter be <br />enacted. The term "dissolution or liquidation ofthe Corporation," as used in this subsection, <br />shall not be construed to include the cessation of the corporate existence of the Corporation <br />resulting either from a merger or consolidation of the Corporation into or with another <br />corporation or a dissolution or liquidation of the Corporation following a transfer of all or <br />substantially all of its assets as an entirety, under the conditions permitting such actions <br />contained in Section 7.04; and <br /> <br />9-1 <br />