1. MIDA Bond-Bethany on 42nd - Laserfiche WebLink

instruments and as herein provided, on behalf of the Holders and without the consent of the Issuer. (b) Subj ect to the terms hereof and of the Mortgage and Assignment, until the happening of an Event of Default hereunder, the Company shall be permitted to possess, use and enjoy the Facilities and to receive and use the issues and profits of the Facilities. The Company is authorized under the Mortgage to obtain release of certain property from the Mortgage under the conditions set forth in the Mortgage; and pursuant to the provisions of the Mortgage the Trustee is authorized to execute the necessary instruments to evidence the release of such property. SECTION 4.12. CONTINUING DISCLOSURE. Pursuant to Section 7.05 of the Loan Agreement, the Company has undertaken all responsibility for compliance with continuing disclosure requirements, and the Issuer shall have no liability to the Holders of the Bonds or any other person with respect to such disclosure matters. The Trustee hereby covenants and agrees that it will comply with and carry out all of the provisions ofthe Continuing Disclosure Agreement and Section 7.05 ofthe Loan Agreement. Notwithstanding any other provision of the Indenture, failure of the Company or the Trustee to comply with the Continuing Disclosure Agreement shall not be considered an Event of Default; however, the Trustee may (and, at the request of the Underwriter or the Holders of at least twenty-five percent (25%) aggregate principal amount of Outstanding Bonds, shall ) or any Bondholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Company to comply with its obligations under Section 7.05 of the Loan Agreement or to cause the Trustee to comply with its obligations under this Section 4.13. (Remainder of this page intentionally left blank.) 4-3