1. MIDA Bond-Bethany on 42nd
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1. MIDA Bond-Bethany on 42nd
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<br />ARTICLE VIII <br /> <br />DEFAULT PROVISIONS AND REMEDIES <br />OF BONDHOLDERS <br /> <br />SECTION 8.1. DEFAULTS: EVENTS OF DEFAUL T. If any ofthe following events occur, it is <br />hereby defined as and declared to be and to constitute a "Default" or an "Event of Default": <br /> <br />(a) Failure to pay any interest on any Bond when and as the same shall have <br />become due and payable; <br /> <br />(b) Failure to pay the principal of or premium, if any, on any Bond when and as <br />the same shall become due and payable whether at the stated maturity thereof or by <br />acceleration or redemption pursuant to any mandatory redemption provisions ofthe Bond or <br />this Indenture; <br /> <br />( c) Failure by the Issuer to perform or observe any other covenant, agreement, or <br />condition on the part ofthe Issuer contained in this Indenture or in the Bonds, which failure <br />or default shall have continued for a period of thirty (30) days after written notice, by <br />registered or certified mail, to the Issuer and the Company specifying the failure or default <br />and requiring the same to be remedied, which notice may be given by the Trustee in its <br />discretion and which notice shall be given by the Trustee at the written request of the holder <br />or holders of combined holdings of a majority of the principal amount of Outstanding Bonds; <br />provided, however, if said failure or default be such that it cannot be corrected within such <br />period, it shall not constitute an Event of Default if corrective action is instituted by the <br />Issuer or the Company within such period and diligently pursued until the failure or default <br />is corrected; and <br /> <br />(d) The occurrence and continuance of an Event of Default as defined under the <br />Loan Agreement or the Mortgage. <br /> <br />SECTION 8.2. REMEDIES. Upon the occurrence and continuance of an Event of Default <br />described in clauses (a) or (b) of Section 8.1 hereof, the Trustee may, and upon written request of <br />a majority of the Bondholders, shall declare the Bonds to be due and payable immediately, by a <br />notice in writing to the Issuer and the Company. If an Event of Default described in clauses (c) or <br />(d) of Section 8.1 hereof occurs and is continuing, the Trustee will declare the Bonds to be due and <br />payable only if directed to do so by one hundred percent (100%) of the Bondholders after receipt of <br />indemnity satisfactory to the Trustee against costs, expenses, and liabilities to be incurred therein or <br />thereby. Upon any such declaration such principal shall become immediately due and payable. <br /> <br />In addition to the above remedy the Trustee may, and upon written request of the Owners of <br />a majority ofthe principal amount of Outstanding Bonds shall, enforce its rights by anyone or more <br />of the following remedies: <br /> <br />8-1 <br />
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