1. MIDA Bond-Oak Grove School
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1. MIDA Bond-Oak Grove School
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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 to <br />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 terms 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 of thirty (30) days after <br />notice of such failure requesting such failure to be remedied, given to the Corporation by the <br />Lender or the Issuer, unless the Lender and the Issuer shall agree in writing to an extension <br />of such time prior to its expiration; provided, however, that if and so long as the Corporation <br />is 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; <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 ofthe 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 ofthe 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 />(e) default under the Mortgage or the Assignment. <br /> <br />9-1 <br />
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