Common use of Consequences of an Event of Default Clause in Contracts

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 hereof has occurred and is continuing, the Administrative Agent may: (a) by notice to the Borrower declare all Loan Obligations to be due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived; provided that, if a Default described in Section 11.01(e) or (f) has occurred, the Loan Obligations will be automatically accelerated on the date of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waived; (b) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under the Loan Documents, whether for specific performance of any agreement or covenant of the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent in the Loan Documents; (c) exercise any and all remedies any Lender may have under the Loan Documents; (d) [Intentionally Omitted]; (e) employ sales agents and negotiate and execute Residency Documents in connection with all or any part of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies available to any of the Secured Lenders at law or equity; and (i) if not in place, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demand.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 7.01 hereof has occurred shall occur and is be continuing, the Administrative Agent may:Purchaser may take one or more of the following actions at any time and from time to time (regardless of whether the actions are taken at the same or different times): (a) by written notice to the Borrower Trustee and the Authority, declare all Loan the outstanding amount of the Obligations under this Agreement to be due and payable forthwith, whereupon in accordance with the same immediately shall become due and payable, Indenture without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived; provided that, if a Default described in Section 11.01(e) or (f) has occurred, the Loan Obligations will be automatically accelerated on the date of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waivedand an action therefor shall immediately accrue; (b) deliver a written notice to the Trustee and the Authority that an Event of Default has occurred and is continuing and direct the Trustee and the Authority, as applicable, to cause an acceleration of the Bonds or take such other remedial action as is provided for in the Indenture; (c) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Related Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower Authority under the Loan Related Documents, whether for specific performance of any agreement or covenant of the Borrower Authority or in aid of the execution of any power granted to the Lenders or the Administrative Agent Purchaser in the Loan Documents; (c) exercise any and all remedies any Lender may have under the Loan Related Documents; (d) [Intentionally Omitted];cure any Default, Event of Default or event of nonperformance hereunder or under any Related Document to which the Authority or City is a party; provided, however, that the Purchaser shall have no obligation to effect such a cure; and (e) employ sales agents exercise, or cause to be exercised, any and negotiate all remedies as it may have under the Related Documents to which the Authority or City is a party and execute Residency Documents in connection with all or as otherwise available at law and at equity; provided, however, that notwithstanding any part acceleration of the Mortgaged Properties or require Bonds, the Borrower to retain a new Management Company for any or all Purchaser, the Authority and the City acknowledge that Lease Payments may not be accelerated under the Terms of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies available to any of the Secured Lenders at law or equity; and (i) if not in place, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demandProject Lease.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 7.01 hereof has occurred shall occur and is be continuing, the Administrative Agent may:Purchaser may take one or more of the following actions at any time and from time to time (regardless of whether the actions are taken at the same or different times): (a) by written notice to the Borrower Trustee, the County and the Authority, declare all Loan the outstanding amount of the Obligations under this Agreement (including, without limitation, the Bonds but solely in accordance with Section 7.02(b) hereof) to be immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived; provided that, if a Default described in Section 11.01(e) or (f) has occurred, the Loan Obligations will be automatically accelerated on the date of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waivedand an action therefor shall immediately accrue; (b) deliver a written notice to the Trustee, the County and the Authority that an Event of Default has occurred and is continuing and direct the Trustee, the County and the Authority, as applicable, to cause an acceleration of the Bonds or take such other remedial action as is provided for in the Trust Agreement); provided, however, that from and after the occurrence of an Event of Default, the outstanding Bonds shall be paid or caused to be paid by the Authority in each year in an amount equal to the Maximum Annual Rent for the related Rental Payment Period less any other amounts paid hereunder or under the Trust Agreement in accordance with the terms hereof and thereof; provided further, however, that payments of Base Rental under the Facilities Lease shall not be accelerated; (c) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Related Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower County and/or the Authority under the Loan Related Documents, whether for specific performance of any agreement or covenant of the Borrower County or in aid of the execution of any power granted to the Lenders or the Administrative Agent Purchaser in the Loan Documents; (c) exercise any and all remedies any Lender may have under the Loan Related Documents; (d) [Intentionally Omitted];cure any Default, Event of Default or event of nonperformance hereunder or under any Related Document; provided, however, that the Purchaser shall have no obligation to effect such a cure; and (e) employ sales agents exercise, or cause to be exercised, any and negotiate and execute Residency Documents in connection with all or any part of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund remedies as it may have under the Funds Pledge Agreement to pay Loan Obligations; Related Documents (hother than as provided for in Section 7.02(b) exercise all other remedies hereof) and as otherwise available to any of the Secured Lenders at law or and at equity; and (i) if not in place, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demand.;

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 hereof has occurred 9.01 (Events of Default) shall occur and is be continuing, the Administrative Agent may:Majority Series 2023[●] Bondowners may take one or more of the following actions at any time and from time to time (regardless of whether the actions are taken at the same or different times): (a) by written notice to the Borrower Trustee, the Authority and the City, declare all Loan the outstanding amount of the Obligations under this Agreement to be immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived; provided that, if a Default described in Section 11.01(e) or (f) has occurred, the Loan Obligations will be automatically accelerated on the date of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waivedand an action therefor shall immediately accrue; (b) deliver a written notice to the Trustee, the Authority and the City that an Event of Default has occurred and is continuing and direct the Trustee and the Authority, as applicable, to cause acceleration of the Series 2023[●] Bonds or take such other remedial action as is provided for in the Indenture; (c) by written notice to the Trustee, the Authority and the City, terminate the Commitment of the Purchasers to purchase Series 2023[●] Bonds hereunder whereupon the Commitment of the Purchasers to purchase Series 2023[●] Bonds hereunder shall be immediately terminated; (d) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Financing Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower Authority or the City under the Loan Financing Documents, whether for specific performance of any agreement or covenant of the Borrower Authority or the City or in aid of the execution of any power granted to the Lenders or the Administrative Agent Series 2023[●] Bondowners in the Loan Financing Documents; (c) exercise any and all remedies any Lender may have under the Loan Documents; (d) [Intentionally Omitted]; (e) employ sales agents and negotiate and execute Residency Documents in connection with all cure any Default, Event of Default or event of nonperformance hereunder or under any part of the Mortgaged Properties or require the Borrower Financing Document; provided, however, that no Series 2023[●] Bondowner shall have an obligation to retain effect such a new Management Company for any or all of the Mortgaged Properties;cure; and (f) exercise the “lock-box” provisions of Section 6.25; (g) apply exercise, or cause to be exercised, any and all amounts then on deposit in the Borrower’s Fund remedies as it may have under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies Financing Documents and as otherwise available to any of the Secured Lenders at law or and at equity; and (i) if not in place, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demand.

Consequences of an Event of Default. If Upon the occurrence and during the continuation of an Event of Default specified (other than an Event of Default with respect to any Loan Party described in paragraph (g) or (h) of Section 11.01 hereof has occurred 7.01), and is continuingat any time thereafter during the continuation of such Event of Default, the Administrative Agent mayAgent, at the request of the Required Bondholders, shall, by notice to the Obligor and Trustee, take any or all of the following actions, at the same or different times: (a) by written notice to the Borrower Trustee and the Obligor, declare all Loan the outstanding amount of the Obligations (other than the Bonds which shall be subject to clause (b) below) under the Bond Documents to be immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived; provided that, if a Default described in Section 11.01(e) or (f) has occurred, the Loan Obligations will be automatically accelerated on the date of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waivedand an action therefor shall immediately accrue; (b) deliver a written notice to the Trustee and the Obligor that an Event of Default has occurred and is continuing and direct the Trustee to cause an acceleration of the Bonds or take any such other remedial action or remedy as is provided for in the Indenture; provided, that, if, before the earlier of (i) two Business Days following acceleration of the Bonds pursuant to this paragraph (b), and (ii) the occurrence of any event with respect to any Loan Party described in paragraph (g) or (h) of Section 7.01, the Obligor pays to the Trustee for the benefit of the Bondholder Parties, an amount equal to the amount of all outstanding Obligations (including, without limitation, the outstanding principal of, and interest on, each Bond (including all interest accrued on any outstanding Obligations up to and including the Acceleration Rescission Date)) (other than unasserted contingent payment obligations that by their nature survive termination of the Bond Documents) in full in cash (such payment date, the “Acceleration Rescission Date”), then upon receipt of such amounts by the Trustee and notice to the Trustee from the Obligor (which notice shall be acknowledged by the Administrative Agent), the Administrative Agent and the Bondholders shall take the actions required under Section 7.2 of the Indenture to rescind acceleration of the Bonds pursuant to Section 7.2 of the Indenture, the payment of such amounts shall be deemed to be a repurchase of the Bonds by the Obligor under the Indenture and such Bonds shall remain Outstanding (as defined in the Indenture) thereunder; (c) subject to the provisions of the Intercreditor Agreement, either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Bond Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower Obligor under the Loan Bond Documents, whether for specific performance of any agreement or covenant of the Borrower Obligor or in aid of the execution of any power granted to the Lenders or the Administrative Agent Bondholders in the Loan Documents; (c) exercise any and all remedies any Lender may have under the Loan Bond Documents; (d) [Intentionally Omitted]subject to the provisions of the Intercreditor Agreement, at the expense of the Obligor, cure any Default, Event of Default or event of nonperformance hereunder or under any Bond Document; provided, however, that the Administrative Agent and the Bondholders shall have no obligation to effect such a cure; (e) employ sales agents and negotiate and execute Residency Documents in connection with all or any part subject to the provisions of the Mortgaged Properties Intercreditor Agreement, exercise, or require the Borrower cause to retain a new Management Company for be exercised, any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise and all other remedies as it may have under the Bond Documents and as otherwise available to any of the Secured Lenders at law or and at equity; and (if) if not subject to the provisions of the Intercreditor Agreement, direct the Collateral Agent to exercise the rights and remedies under the Security Documents (or at law or pursuant to the UCC). In the case of any event with respect to any Loan Party described in placeparagraph (g) or (h) of Section 7.01, obtain insurance coverages as are required hereunderthe outstanding amount of the Obligations under the Bond Documents, together with accrued interest thereon and any unpaid accrued fees (including fees due and payable under the Agency Fee Letter) and all expenses incurred by other liabilities of the Administrative Agent Loan Parties accrued hereunder and under any other Bond Document, shall automatically become due and payable, in connection accordance with such action or in obtaining such insurance and keeping it in effect shall be paid by Section 7.2 of the Borrower promptly after demandIndenture.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 7.01 hereof has occurred shall occur and is be continuing, the Administrative Agent may:Lender may take one or more of the following actions at any time and from time to time (regardless of whether the actions are taken at the same or different times): (a) by written notice to the Borrower Borrower, declare all the outstanding amount of the Loan Obligations under this Agreement and the Note to be immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived, and an action therefor shall immediately accrue; provided thatprovided, if a Default described in Section 11.01(e) or (f) has occurredfurther that upon the Lender declaring all outstanding amounts to be immediately due and payable, the Borrower shall cause the State Treasurer to immediately transfer all amounts in the I-25 North Express Lanes Project Account (Segment 3), the I-25 North Express Lanes Revenue Account (Segment 3) and the I-25 North Express Lanes CDOT Backup Loan Obligations will be automatically accelerated on the date of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind Account to the Borrower or any other Person, all of which are hereby expressly waivedI-25 North Express Lanes Loan Repayment Account (Segment 3); (b) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Related Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under the Loan Related Documents, whether for specific performance of any agreement or covenant of the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent Lender in the Loan Related Documents; (c) exercise at the expense of the Borrower, cure any Default, Event of Default or event of nonperformance hereunder or under any Related Document; provided, however, that the Lender shall have no obligation to effect such a cure; and (d) exercise, or cause to be exercised, any and all remedies any Lender as it may have under the Loan Documents; Related Documents (dother than as provided for in clause (b) [Intentionally Omitted]; (eof this Section 7.02) employ sales agents and negotiate and execute Residency Documents in connection with all or any part of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies as otherwise available to any of the Secured Lenders at law or and at equity; and (i) if not in place, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demand.

Consequences of an Event of Default. If 13.1 On and at any time after the occurrence of an Event of Default specified in Section 11.01 hereof or the occurrence of any event which, after the notice, or lapse of time, or both, would constitute an Event of Default, then, unless such Event of Default at the request of the Company is expressly waived by the Debenture Trustee acting on the instructions of the Debenture Holder(s), (a) upon the expiry of the cure period provided, if any, or (b) if the cure period provided is mutually extended by the Parties hereto upon the expiry of such extended period or (c) where no cure period has occurred been provided or where it is not practical to provide a cure period, then forthwith, or (d) where no cure period has been provided and is continuingthe parties mutually agree to provide for a cure period, upon the expiry of such mutually agreed to cure period, the Administrative Agent Debenture Trustee may, and shall if so directed by the Majority Debenture Holder(s): (a) declare that all or part of the Debentures, together with all other amounts accrued or outstanding under the Transaction Documents be immediately due and payable, whereupon they shall become immediately due and payable; (b) accelerate the redemption of the Debentures; (c) exercise the Power of Sale; and/or (d) exercise any other right that the Debenture Trustee and / or Debenture Holder(s) may have under the Transaction Documents or under Indian law. 13.2 In addition to the above, so long as there shall be an Event of Default: (a) by notice If the Event of Default is on other than the failure to the Borrower declare all Loan Obligations to be due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice pay any amounts of any kind, all of which are hereby expressly waived; provided that, if a Default described in Section 11.01(e) or (f) has occurred, the Loan Obligations will be automatically accelerated on the date of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration principal or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waived; (b) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under the Loan Transaction Documents, whether for specific performance the Company shall pay an additional interest of 2% (Two Percent) per annum until such Event(s) of Default is/are rectified, without any agreement or covenant of the Borrower or in aid of the execution of any power granted prejudice to the Lenders or the Administrative Agent in the Loan Documents; (c) exercise any and all remedies any Lender may have under the Loan Documents; (d) [Intentionally Omitted]; (e) employ sales agents and negotiate and execute Residency Documents in connection with all or any part of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies available to any the Debenture Holder(s) or the consequences of the Secured Lenders at law or equity; andEvents of Default. (ib) if not If the Event of Default is the failure to pay any amounts of principal or other amounts due and payable under the Transaction Documents, the Company shall pay an additional interest of 2% (Two Percent) per annum over and above the rate used for arriving at the Redemption Premium on the amounts in placerespect of which such default has occurred, obtain insurance coverages as are required hereunder, and all expenses incurred by without any prejudice to the Administrative Agent in connection with such action remedies available to the Debenture Holder(s) or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demandconsequences of Events of Default.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 7.01 hereof has occurred shall occur and is be continuing, the Administrative Agent may:Lender may take one or more of the following actions at any time and from time to time (regardless of whether the actions are taken at the same or different times): (a) by written notice to the Borrower Borrower, declare all the outstanding amount of the Loan Obligations under this Agreement and the Note to be immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived, and an action therefor shall immediately accrue; provided thatprovided, if a Default described in Section 11.01(e) or (f) has occurredfurther that upon the Lender declaring all outstanding amounts to be immediately due and payable, the Loan Obligations will be automatically accelerated on Borrower shall cause the date of State Treasurer to immediately transfer all amounts in the occurrence of such Default without presentmentI-70 MEXL Project Account, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind the I-70 MEXL Revenue Account and the I-70 MEXL Operating Account to the Borrower or any other Person, all of which are hereby expressly waivedI-70 MEXL Loan Repayment Account; (b) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Related Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under the Loan Related Documents, whether for specific performance of any agreement or covenant of the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent Lender in the Loan Related Documents; (c) exercise at the expense of the Borrower, cure any Default, Event of Default or event of nonperformance hereunder or under any Related Document; provided, however, that the Lender shall have no obligation to effect such a cure; and (d) exercise, or cause to be exercised, any and all remedies any Lender as it may have under the Loan Documents;Related Documents (other than as provided for in clause (b) of this Section 7.02(I)) and as otherwise available at law and at equity. (dII) [Intentionally Omitted]; (e) employ sales agents and negotiate and execute Residency Documents in connection with all or any part of Notwithstanding the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; 7.02(I)(a), (gx) apply the Lender shall not cause the outstanding amount of the Loan Obligations under this Agreement and the Note to be immediately due and payable as described in Section 7.02(I)(a) until seven (7) days after the occurrence of an Event of Default specified in Section 7.01(a)(i), 7.01(e), 7.01(f), 7.01(g), 7.01(h)(i), 7.01(h)(ii), 7.01(i), 7.01(j), 7.01(k), or 7.01(m) and (y) the Lender shall notify the Borrower that all outstanding amounts then on deposit of the Loan Obligations under this Agreement and the Note are immediately due and payable at least one hundred eighty (180) days prior thereto in the Borrower’s Fund under case of any Event of Default not specified in the Funds Pledge Agreement to pay Loan Obligations; immediately preceding clause (h) exercise all other remedies available to any x). Notwithstanding the foregoing sentence of the Secured Lenders at law or equity; and this Section 7.02(II), (i) if not any other holder of Parity Debt or any counterparty under any Swap Contract related thereto has the right to cause such Parity Debt to be immediately due and payable (whether by repurchase, mandatory tender, mandatory redemption, acceleration or otherwise) on a date earlier than, or pursuant to a notice period which is shorter than what is set forth in placethe first sentence of this Section 7.02(II) in connection with a default related to such Parity Debt, obtain insurance coverages then the Purchaser shall automatically have such right or shorter notice period, as are required hereunderapplicable, or (ii) if any other holder, credit enhancer or liquidity provider of Parity Debt or any counterparty under any Swap Contract related thereto causes any such Parity Debt or other obligations of the Borrower to become immediately due and payable (whether by repurchase, mandatory tender, mandatory redemption, acceleration or otherwise), then the Purchaser may immediately, without notice, avail itself of the remedies set forth in Section 7.02(I)(a) hereof and/or declare or cause to be declared the unpaid principal amount of all outstanding Note, all interest accrued and unpaid thereon, and all expenses incurred by the Administrative Agent in connection with such action other amounts owing or in obtaining such insurance payable hereunder to be immediately due and keeping it in effect shall be paid by the Borrower promptly after demandpayable.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 7.01 hereof has occurred shall occur and is be continuing, the Administrative Agent Purchaser may: (a) by notice to the Borrower Corporation, on behalf of the Members, declare all Loan the outstanding amount of the Obligations under this Agreement to be immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived; , and an action therefor shall immediately accrue, provided that, if a any Event of Default described in Section 11.01(e7.01(f) or (f7.01(g) has occurredhereof shall occur, the Loan Obligations will under this Agreement shall automatically mature and be automatically accelerated due and payable on the date of the occurrence of such Event of Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind to the Borrower Corporation or any other Person, all of which are hereby expressly waived; (b) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Related Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower any Member under the Loan Related Documents, whether for specific performance of any agreement or covenant of the Borrower any Member or in aid of the execution of any power granted to the Lenders or the Administrative Agent Purchaser in the Loan Related Documents; (c) exercise any deliver a notice to (i) the Bond Trustee and all remedies any Lender may have under the Loan DocumentsObligated Group Agent, on behalf of the Members, that an Event of Default has occurred and is continuing and directing the Bond Trustee to take such remedial action as is provided for in the Bond Indenture and/or (ii) the Master Trustee and the Obligated Group Agent, on behalf of the Members, that an Event of Default has occurred and is continuing and directing the Master Trustee to take such remedial action as is provided for in the Master Indenture; (d) [Intentionally Omitted];cure any Default, Event of Default or event of nonperformance hereunder or under any Related Document; provided, however, that the Purchaser shall have no obligation to effect such a cure; and (e) employ sales agents exercise, or cause to be exercised, any and negotiate and execute Residency Documents in connection with all or any part of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund remedies as it may have under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies Related Documents and as otherwise available to any of the Secured Lenders at law or and at equity; and (i) if not in place, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demand.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 7.01 hereof has occurred shall occur and is be continuing, the Administrative Agent may:Lender may take one or more of the following actions at any time and from time to time (regardless of whether the actions are taken at the same or different times): (a) by written notice to the Borrower Borrower, declare all the outstanding amount of the Loan Obligations under this Agreement and the Note to be immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived, and an action therefor shall immediately accrue; provided thatprovided, if a Default described in Section 11.01(e) or (f) has occurredfurther that upon the Lender declaring all outstanding amounts to be immediately due and payable, the Loan Obligations will be automatically accelerated on Borrower shall cause the date of State Treasurer to immediately transfer all amounts in the occurrence of such Default without presentmentI-70 PPSL Project Account, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind the I-70 PPSL Revenue Account and the I-70 PPSL Operating Fund to the Borrower or any other Person, all of which are hereby expressly waivedI-70 PPSL Loan Repayment Account; (b) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Related Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under the Loan Related Documents, whether for specific performance of any agreement or covenant of the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent Lender in the Loan Related Documents; (c) exercise at the expense of the Borrower, cure any Default, Event of Default or event of nonperformance hereunder or under any Related Document; provided, however, that the Lender shall have no obligation to effect such a cure; and (d) exercise, or cause to be exercised, any and all remedies any Lender as it may have under the Loan Documents; Related Documents (dother than as provided for in clause (b) [Intentionally Omitted]; (eof this Section 7.02) employ sales agents and negotiate and execute Residency Documents in connection with all or any part of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies as otherwise available to any of the Secured Lenders at law or and at equity; and (i) if not in place, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demand.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 hereof has occurred and is continuing8.01 shall occur, then in addition to any other rights or remedies available to the Trustee or the Purchaser under any of the Related Documents or under Applicable Law, the Administrative Agent mayPurchaser may exercise any one or more of the following rights and remedies: (a) by notice to the Borrower, accelerate all of the obligations of the Borrower declare all Loan Obligations under this Agreement and the Related Documents (other than the Bonds, which are subject to acceleration as provided in Section 8.02(c) and provided that acceleration of such obligations shall not be construed to mean termination of any Hedge Agreement entered into with respect to the Bonds, which shall be governed by the terms of such Hedge Agreement) whereupon such obligations shall become immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demanddemand for payment, protest or further notice of nonpayment or dishonor, or other notice of any kindkind or character, all of which are hereby expressly waived, and an action therefor shall immediately accrue; provided that, if a any Event of Default described in Section 11.01(e8.01(j) or shall occur, all of the obligations of the Borrower under this Agreement and the Related Documents (fincluding the Bonds but excluding any Hedge Agreement entered into with respect to the Bonds) has occurred, the Loan Obligations will shall automatically mature and be automatically accelerated due and payable on the date of the occurrence of such Event of Default without presentment, demanddemand for payment, protest, notice of intention to accelerate, notice of acceleration protest or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waived; (b) either personally or by attorney or agent and without bringing any action or proceeding, or by such a receiver to be appointed by a court in any appropriate action or proceedingreceiver, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under this Agreement or the Loan Related Documents or to enforce performance or observance of any obligation, agreement or covenant of the obligations of the Borrower under this Agreement and the Loan Related Documents, whether for specific performance of any agreement or covenant of the Borrower or in aid of the execution of any power granted to the Lenders Purchaser in this Agreement or the Administrative Agent Related Documents or as otherwise available at law or in the Loan Documentsequity; (c) exercise any deliver a notice to the Trustee and all remedies any Lender may have under the Loan DocumentsBorrower that an Event of Default has occurred and is continuing and directing the Trustee to take such other remedial action as is provided for in the Indenture; (d) [Intentionally Omitted]cure any Default, Event of Default or event of nonperformance under this Agreement or the Related Documents; provided, however, that the Purchaser shall have no obligation to effect such a cure; (e) employ sales agents exercise, or cause to be exercised, any and negotiate all remedies as it may have under this Agreement or the Related Documents (other than as provided in subsection (b) above) and execute Residency Documents in connection with all or any part of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies as otherwise available to any of the Secured Lenders at law or and at equity; and (i) if not in place, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demand.;

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 7.01 hereof has occurred shall occur and is be continuing, the Administrative Agent may:Lender may take one or more of the following actions at any time and from time to time (regardless of whether the actions are taken at the same or different times): (a) by written notice to the Borrower Borrower, declare all the outstanding amount of the Loan Obligations under this Agreement and the Note to be immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived, and an action therefor shall immediately accrue; provided thatprovided, if a Default described in Section 11.01(e) or (f) has occurredfurther that upon the Lender declaring all outstanding amounts to be immediately due and payable, the Borrower shall cause the State Treasurer to immediately transfer all amounts in the ▇▇▇▇▇▇▇ Yard Project Account, the ▇▇▇▇▇▇▇ Yard Revenue Account and the ▇▇▇▇▇▇▇ Yard CDOT Backup Loan Obligations will be automatically accelerated on the date of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind Account to the Borrower or any other Person, all of which are hereby expressly waived▇▇▇▇▇▇▇ Yard Loan Repayment Account; (b) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Related Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under the Loan Related Documents, whether for specific performance of any agreement or covenant of the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent Lender in the Loan Related Documents; (c) exercise at the expense of the Borrower, cure any Default, Event of Default or event of nonperformance hereunder or under any Related Document; provided, however, that the Lender shall have no obligation to effect such a cure; and (d) exercise, or cause to be exercised, any and all remedies any Lender as it may have under the Loan Documents; Related Documents (dother than as provided for in clause (b) [Intentionally Omitted]; (eof this Section 7.02) employ sales agents and negotiate and execute Residency Documents in connection with all or any part of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies as otherwise available to any of the Secured Lenders at law or and at equity; and (i) if not in place, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demand.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 hereof has occurred and is continuing8.01 shall occur, then in addition to any other rights or remedies available to the Bond Trustee or the Purchaser under any of the Related Documents or under Applicable Law, the Administrative Agent mayPurchaser may exercise any one or more of the following rights and remedies: (a) subject to Section 8.03, by notice to the Borrower, accelerate all of the obligations of the Borrower declare all Loan Obligations under this Agreement and the Related Documents (other than the Bonds, which are subject to acceleration as provided in Section 8.02(c) and provided that acceleration of such obligations shall not be construed to mean termination of any Hedge Agreement entered into with respect to the Bonds, which shall be governed by the terms of such Hedge Agreement) whereupon such obligations shall become immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demanddemand for payment, protest or further notice of nonpayment or dishonor, or other notice of any kindkind or character, all of which are hereby expressly waived, and an action therefor shall immediately accrue; provided that, if a any Event of Default described in Section 11.01(e8.01(i) or shall occur, all of the obligations of the Borrower under this Agreement and the Related Documents (fincluding the Bonds but excluding any Hedge Agreement entered into with respect to the Bonds) has occurred, the Loan Obligations will shall automatically mature and be automatically accelerated due and payable on the date of the occurrence of such Event of Default without presentment, demanddemand for payment, protest, notice of intention to accelerate, notice of acceleration protest or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waived; and provided further that acceleration of the Notes shall, in each instance, be subject to the restrictions imposed by the Master Indenture; (b) (i) apply to any court of competent jurisdiction for, and obtain appointment of, a receiver for the Project, (ii) either personally or by attorney or agent and without bringing any action or proceeding, or by such a receiver to be appointed by a court in any appropriate action or proceedingreceiver, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under this Agreement or the Loan Related Documents or to enforce performance or observance of any obligation, agreement or covenant of the obligations of the Borrower under this Agreement and the Loan Related Documents, whether for specific performance of any agreement or covenant of the Borrower or in aid of the execution of any power granted to the Lenders Purchaser in this Agreement or the Administrative Agent Related Documents or as otherwise available at law or in the Loan Documentsequity; (c) exercise any subject to Section 8.03, deliver a notice to the Bond Trustee and all remedies any Lender may have under the Loan DocumentsBorrower that an Event of Default has occurred and is continuing and directing the Bond Trustee to cause a mandatory tender or acceleration of the Bonds or take such other remedial action as is provided for in the Bond Indenture; (d) [Intentionally Omitted];cure any Default, Event of Default or event of nonperformance under this Agreement or the Related Documents; provided, however, that the Purchaser shall have no obligation to effect such a cure; and (e) employ sales agents exercise, or cause to be exercised, any and negotiate all remedies as it may have under this Agreement or the Related Documents (other than as provided in subsection (b) above) and execute Residency Documents in connection with all or any part of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies as otherwise available to any of the Secured Lenders at law or and at equity; and (i) if not in place, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demand.

Consequences of an Event of Default. (a) If an Event of Default specified in Default, other than pursuant to clause (8) or (9) of Section 11.01 hereof has occurred 6.01(a) with respect to the Company, occurs and is continuingcontinuing hereunder with respect to the Notes, either the Administrative Agent may: (a) Trustee or the Holders of not less than 25% in aggregate principal amount of the Notes then outstanding, by written notice to the Borrower Company (and to the Trustee if the notice is given by the Holders), may, and the Trustee at the request of such Holders shall, declare all Loan Obligations the entire principal amount of the Notes, premium if any, and accrued interest on the Notes to be due and payable forthwith, whereupon the same immediately shall become due and payable, without presentmentprovided, demandhowever, protest that so long as any Obligations under any Credit Agreement shall be outstanding, the acceleration shall not be effective until the earlier of (1) an acceleration of Indebtedness under such Credit Agreement or further (2) five Business Days after receipt by the Company and the agent under such Credit Agreement of written notice of any kindsuch declaration of acceleration of the Notes. Upon a declaration of acceleration, such principal and accrued interest shall become immediately due and payable. If a default occurs and is continuing pursuant to clause (8) or (9) of Section 6.01(a) with respect to the Company, the principal of all of which are hereby expressly waived; provided thatthe Notes then outstanding, premium, if a Default described in Section 11.01(e) any, and accrued interest on such Notes, if any, then outstanding shall become immediately due and payable, to the full extent permitted by applicable law without any notice or (f) has occurred, the Loan Obligations will be automatically accelerated other action on the date part of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration Trustee or other notice of any kind Holder to the Borrower or any other Person, all of which are hereby expressly waived;full extent permitted by applicable law. (b) either personally or Except as provided in this Article VI, Article Five of the Base Indenture (which shall not include, for the avoidance of doubt, Sections 501, 514 and 515 thereof), as modified by attorney or agent without bringing any action or proceedingthis Article VI, or Section 902 of the Base Indenture, the Holders of a majority in aggregate principal amount of the Notes then outstanding by a receiver written notice to be appointed by a court in the Trustee may on behalf of the Holders of all of the Notes waive any appropriate action existing Default or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due Event of Default and payable its consequences under the Loan Documents Indenture, or to enforce performance rescind an acceleration and its consequences if the rescission would not conflict with any judgment or observance decree and if all existing Defaults or Events of any obligationDefault (except nonpayment of principal, agreement interest or covenant premium that has become due solely because of the Borrower under acceleration) have been cured or waived, in each case, except a continuing Default or Event of Default in the Loan Documentspayment of interest or additional interest, whether for specific performance if any, premium, if any, on, or the principal of, the Notes. Upon such waiver, the Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, but no such waiver shall extend to any agreement subsequent or covenant other Default or impair any right consequent thereon. The Notes shall not be subject to Section 1007 of the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent in the Loan Documents;Base Indenture. (c) exercise any The Holders of a majority in principal amount of the outstanding Notes may rescind a declaration of acceleration and all remedies any Lender may have under the Loan Documents;its consequences if: (d1) [Intentionally Omitted]; (e) employ sales agents and negotiate and execute Residency Documents in connection with all or any part existing Events of Default, other than the nonpayment of the Mortgaged Properties principal of, premium, if any, and interest on the Notes that have become due solely by the declaration of acceleration, have been cured or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies available to any of the Secured Lenders at law or equity; waived, and (i2) if the rescission would not in place, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection conflict with such action any judgment or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demanddecree of a court of competent jurisdiction.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 7.01 hereof has occurred shall occur and is be continuing, the Administrative Agent may:Lender may take one or more of the following actions at any time and from time to time (regardless of whether the actions are taken at the same or different times): (a) declare the Commitment and the obligation of the Lender to make Credit Extensions to be terminated, whereupon such Commitment and obligation shall be terminated; (b) by written notice to the Borrower, declare the outstanding amount of the Obligations and all other obligations of the Borrower declare all Loan Obligations under this Agreement to be immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived, and an action therefor shall immediately accrue; (c) require that the Borrower provide cash collateral in an amount equal to the Minimum Collateral Amount as required in Section 2.15(a); (d) at the expense of the Borrower, cure any Event of Default or event of nonperformance hereunder or under any other Basic Document; provided thatprovided, if however, that the Lender shall have no obligation to effect such a cure; (e) by written notice to the Borrower, impose the Default Rate with respect to the Obligations (which imposition may be retroactive to the date on which such Event of Default first occurred); and (f) exercise, or cause to be exercised, any and all remedies as it may have under the Basic Documents and as otherwise available at Law and at equity. If an Event of Default described in Section 11.01(e7.01(f) or (f) has occurredoccurs with respect to the Borrower, the Loan Obligations will be Commitment shall automatically accelerated on terminate and the date principal of the occurrence Loans then outstanding, together with accrued interest thereon and all fees and other obligations of such Default the Borrower accrued hereunder and under any other Basic Documents including any break funding payment or prepayment premium, shall automatically become due and payable, and the obligation of the Borrower to cash collateralize the LC Exposure as provided in clause Error! Reference source not found. above shall automatically become effective, in each case, without presentment, demand, protest, notice of intention to accelerate, notice of acceleration protest or other notice of any kind to the Borrower or any other Personkind, all of which are hereby expressly waived; (b) either personally or waived by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under the Loan Documents, whether for specific performance of any agreement or covenant of the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent in the Loan Documents; (c) exercise any and all remedies any Lender may have under the Loan Documents; (d) [Intentionally Omitted]; (e) employ sales agents and negotiate and execute Residency Documents in connection with all or any part of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies available to any of the Secured Lenders at law or equity; and (i) if not in place, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demand.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 7.01 hereof shall occur and until such time as such Event of Default has occurred and is continuingbeen remedied or waived in writing by the Purchaser, at the Administrative Agent may:election of the Purchaser, (a) by notice the interest rate on the Note shall be increased to the Borrower declare all Loan Obligations to be due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived; provided that, if a Default described in Section 11.01(e) or (f) has occurred, the Loan Obligations will be automatically accelerated on the date of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waivedRate; (b) the Purchaser shall not be obligated to honor any requests for Advances from the Borrower; (c) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, the Purchaser may take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Related Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under the Loan Related Documents, whether for specific performance of any agreement or covenant of the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent Purchaser in the Loan Documents; (c) exercise any and all remedies any Lender may have under the Loan Related Documents; (d) [Intentionally Omitted];at the expense of the Borrower, cure any Default, Event of Default or event of nonperformance hereunder or under any Related Document; provided, however, that the Purchaser shall have no obligation to effect such a cure; and (e) employ sales agents exercise, or cause to be exercised, any and negotiate all remedies as it may have under the Related Documents and execute Residency Documents as otherwise available at law and at equity. If the Purchaser incurs any expenses in connection with all or any part the enforcement of the Mortgaged Properties payment of the Note or require other provisions of any Related Document, the Borrower to retain a new Management Company for any or all of shall pay the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the BorrowerPurchaser’s Fund under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies available to any of the Secured Lenders at law or equity; and (i) if not in placereasonable costs and expenses, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demandincluding reasonable attorney’s fees.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 6.01 hereof has occurred shall occur and is be continuing, the Administrative Agent Lender may: (a) (i) by written notice to the Borrower Borrower, the Authority and the Bond Trustee, declare all Loan the outstanding amount of the Obligations under this Agreement to be immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived; , and an action therefor shall immediately accrue, provided that, if a any Event of Default described in Section 11.01(e6.01(h) or or (fi) has occurredhereof shall occur, the Loan Obligations will under this Agreement shall be automatically accelerated mature and be due and payable on the date of the occurrence of such Event of Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waived; (bii) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Related Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under the Loan Related Documents, whether for specific performance of any agreement or covenant of the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent Lender in the Loan Related Documents; (ciii) deliver a written notice to the Bond Trustee, the Authority and the Borrower that an Event of Default has occurred and is continuing and directing the Bond Trustee to cause a mandatory tender or an acceleration of the Bonds or remedial action as is provided for in the Indenture; (iv) cure any Default, Event of Default or event of nonperformance hereunder or under any Related Document; provided, however, that the Lender shall have no obligation to effect such a cure; and (v) exercise (other than as provided for in clause (iii) of this Section 6.02(a)), or cause to be exercised, any and all remedies any Lender as it may have under the Loan Documents;Related Documents and as otherwise available at law and at equity. (db) [Intentionally Omitted]; The Lender shall notify the Borrower of a mandatory tender or acceleration at least thirty (e30) employ sales agents and negotiate and execute Residency Documents days prior thereto in connection with all the case of any Event of Default described in Section 6.01(b) or (c) hereof. Notwithstanding the foregoing sentence of this Section 6.02(b), if any other holder or credit enhancer of Parity Indebtedness or any part counterparty under any Interest Rate Agreement related thereto or any other Primary Beneficiary causes any such Parity Indebtedness or other obligations of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all become immediately due and payable, the Lender may immediately, without notice, avail itself of the Mortgaged Properties; (fremedies set forth in Section 6.02(a)(i) exercise and 6.02(a)(ii) hereof and/or declare or cause to be declared the “lock-box” provisions unpaid principal amount of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise outstanding Bonds, all other remedies available to any of the Secured Lenders at law or equity; and (i) if not in place, obtain insurance coverages as are required hereunderinterest accrued and unpaid thereon, and all expenses incurred by the Administrative Agent in connection with such action other amounts owing or in obtaining such insurance payable hereunder to be immediately due and keeping it in effect shall be paid by the Borrower promptly after demandpayable.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 hereof has occurred shall occur and is continuing, be continuing or shall exist the Administrative Agent may:, and upon the direction of the Majority Lenders shall, by notice to the Borrower, and subject to the provisions of the Interim Bankruptcy Court Order or the Final Bankruptcy Court Order, as the case may be, (a) by notice to declare the Borrower declare all Loan Obligations to be due Revolving Credit Commitment of each Lender and payable forthwiththe Current Commitment terminated, whereupon the same Revolving Credit Commitment of each Lender and the Current Commitment will terminate immediately shall become due and payablewithout further order of, without or application to the Bankruptcy Court, presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived, and an action immediately accrue; provided thatand/or (b) declare the unpaid principal amount of the Notes, if a Default described in Section 11.01(e) or (f) has occurredinterest accrued thereon, the Loan Obligations will be automatically accelerated on the date total amount of the occurrence Letter of such Default Credit Exposure that is not cash collateralized in accordance with this Agreement, any fees due hereunder and all other amounts owing by the Borrower hereunder or under the Notes to be immediately due and payable without further order of, or application to the Bankruptcy Court, presentment, demand, protest, notice of intention to accelerate, notice of acceleration protest or other further notice of any kind to the Borrower or any other Personkind, all of which are hereby expressly waived; (b) either personally or by attorney or agent without bringing any , and an action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under the Loan Documents, whether for specific performance of any agreement or covenant of the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent in the Loan Documents;therefor shall immediately accrue; and/or (c) exercise any give notice to the Borrower of the occurrence and all remedies any Lender may have under the Loan Documents;continuance of an Event of Default; and/or (d) [Intentionally Omitted];at any time when there are no Loans outstanding, maintain cash collateral (to the extent the Borrower has or receives cash) equal to 105% of all outstanding Letters of Credit; and/or (e) employ sales agents and negotiate and execute Residency Documents apply all funds deposited in connection with all the Letter of Credit Cash Collateral Account to the payment, in whole or any part in part, of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties;Obligations; and/or (f) exercise the “lockset-box” provisions of Section 6.25; (g) apply all off amounts then on deposit in the Borrower’s Fund Letter of Credit Cash Collateral Account or any other accounts under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies available to any dominion and control of the Secured Lenders at law or equity; and (i) if not in place, obtain insurance coverages as are required hereunder, Agent and all expenses incurred by apply such amounts to the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by Obligations of the Borrower promptly after demandhereunder and under the Related Documents.

Consequences of an Event of Default. If (i) The Borrower agrees that on the occurrence of an Event of Default specified in Section 11.01 hereof has occurred and is continuingDefault, the Administrative Agent may: (a) by notice obligation of the Bank to the Borrower declare all Loan Obligations make or continue to be due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived; provided that, if a Default described in Section 11.01(e) or (f) has occurred, make the Loan Obligations available, will be automatically accelerated on the date of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waivedstand terminated; (bii) either personally or by attorney or agent without bringing any action or proceedingIn addition to the above, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under hereby agrees that on occurrence of an Event of Default, the Loan Documents, whether for specific performance of any agreement or covenant of Bank shall have following rights and the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent in the Loan Documents; (c) Bank may at its sole discretion exercise any and all remedies any Lender may have under the Loan Documents; (d) [Intentionally Omitted]; (e) employ sales agents and negotiate and execute Residency Documents in connection with all or any part of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties;following right(s) and remedies without any obligation to issue notice to this effect: (fa) exercise To recall the “lock-box” provisions outstanding amount of Section 6.25;the Loan either in part or in full and other dues payable with regard to the Loan that may be payable by the Borrower under or in terms of this Agreement and/or any other agreement/s, documents, subsisting between the Borrower and Bank as well as all other charges, costs, expenses and upon such declaration the same shall become due and payable immediately and enforceable without further notice, notwithstanding anything to the contrary contained in this Agreement; and/or (gb) apply all amounts then on deposit in the Borrower’s Fund Without prejudice to its other rights hereunder or under the Funds Pledge Agreement Facility Documents or under any applicable Law, in its sole discretion to pay Loan Obligations; (h) exercise all other the rights, powers and remedies vested in it for the protection, perfection and enforcement of its rights in respect of the Security herein including but not limited to invoking the guarantees; and/or c) To exercise all the rights and remedies available to it in such manner as Bank may deem fit without intervention of the Court (unless any intervention from a court is required to exercise a remedy) and without having to obtain any consent of the Borrower; d) To appoint a third party developer to operate and maintain the said Property; e) Charge Penal Charges without prejudice to its other right under this Article and/ or other Facility Documents; and/or f) To suspend or terminate the right of the Borrowers to avail of or make drawdowns from the Loan and upon such notice, the un-utilised amount of the Loan shall stand cancelled. Notwithstanding any suspension or termination of this Agreement as specified hereinabove, all the provisions of this Agreement for the benefit or protection of Bank and its interests shall continue to be in full force and effect as specifically provided in this Agreement; and/or g) Without prejudice to what has been herein, it shall be lawful for the Bank at any time or times hereafter without any further consent of the Borrower to sell or concur with any other person in selling the Property or any Security or any part thereof without the intervention of the Court either by public auction or private contract whether with or without any special conditions or stipulations related to title or evidence of title or other matters as the Bank may think fit, with power to postpone the sale from time to time and to buy in the Property or any of the Secured Lenders Security or any part thereof at law any sale by auction or equity; andprivate contractor to rescind or vary any contract for the sale thereof and to resell the Property which shall have been so brought in or as to which the contract for sale shall have been so rescinded without being answerable for any loss or diminution occasioned thereby and with power also to execute assurance and give effectual receipts for the purchase money and do all other acts and things for completing the sale which the person or persons exercising the power of sale shall think proper and the aforesaid power shall be deemed to be a power to sell and concur in selling the Property without the intervention of the court of law, if so permissible under applicable Law AND IT IS HEREBY FURTHER AGREED AND DECLARED that the Bank may participate in any such sale without any objection from the Borrower whatsoever AND IT IS HEREBY FURTHER AGREED AND DECLARED that the Bank shall with and out of the moneys to arise from any such sale as aforesaid in the first place pay and retain the costs and expenses attending such sale or otherwise incurred is relation to this security and in the next place pay and satisfy the moneys which shall then be owing upon the security of these presents and shall pay the surplus if any to the Borrower or to the persons entitled to the same; (h) On receipt of notice by the Borrower, from the Bank having enforced the Security as herein provided, the Borrower shall without raising any dispute, forthwith, quit, vacate and handover vacant and peaceful possession of the Property to the Bank . If the Property or any part thereof shall at any time or times be taken up or requisitioned or acquired by the Government or by any public body or authority entitled to do so, the Bank shall be entitled to receive the whole of the compensation which the Borrower will be entitled or be declared and entitled to and to apply the same or a sufficient portion thereof towards repayment of the Outstanding Amount; i) if not in place, obtain insurance coverages To exercise and enforce all rights and remedies available to the Bank under this Agreement and/or the other Facility Documents or under applicable law; and/or j) To review the management set up or organisation of the Borrower and to require the Borrower to restructure it as are required hereunder, and all expenses incurred may be considered necessary by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by Bank; and/or j.1) To amend the terms of the Escrow Agreement, including priority of payments stipulated therein; and/or k) To instruct any person, who is liable to make any payment to the Borrower promptly after demandincluding the Lessee to pay directly to the Bank; and/or l) To stipulate any additional condition / action as it may deem fit; and/or m) To exercise the option of converting outstanding amounts on the Loan either in part or full and whether the same is due or not, into equity of the Borrower as a consequence of Event of Default lies with the Bank at its sole discretion.

Consequences of an Event of Default. If (i) The Borrower agrees that on the occurrence of an Event of Default specified in Section 11.01 hereof has occurred and is continuingDefault, the Administrative Agent may: (a) by notice obligation of the Bank to the Borrower declare all Loan Obligations make or continue to be due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived; provided that, if a Default described in Section 11.01(e) or (f) has occurred, make the Loan Obligations available, will be automatically accelerated on the date of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waivedstand terminated; (bii) either personally or by attorney or agent without bringing any action or proceedingIn addition to the above, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under hereby agrees that on occurrence of an Event of Default, the Loan Documents, whether for specific performance of any agreement or covenant of Bank shall have following rights and the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent in the Loan Documents; (c) Bank may at its sole discretion exercise any and all remedies any Lender may have under the Loan Documents; (d) [Intentionally Omitted]; (e) employ sales agents and negotiate and execute Residency Documents in connection with all or any part of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties;following right(s) and remedies without any obligation to issue notice to this effect: (fa) exercise To recall the “lock-box” provisions outstanding amount of Section 6.25;the Loan either in part or in full and other dues payable with regard to the Loan that may be payable by the Borrower under or in terms of this Agreement and/or any other agreement/s, documents, subsisting between the Borrower and Bank as well as all other charges, costs, expenses and upon such declaration the same shall become due and payable immediately and enforceable without further notice, notwithstanding anything to the contrary contained in this Agreement; and/or (gb) apply all amounts then on deposit in the Borrower’s Fund Without prejudice to its other rights hereunder or under the Funds Pledge Agreement Facility Documents or under any applicable Law, in its sole discretion to pay Loan Obligations; (h) exercise all other the rights, powers and remedies vested in it for the protection, perfection and enforcement of its rights in respect of the Security herein including but not limited to invoking the guarantees; and/or c) To exercise all the rights and remedies available to it in such manner as Bank may deem fit without intervention of the Court (unless any intervention from a court is required to exercise a remedy) and without having to obtain any consent of the Borrower; d) To appoint a third party developer to operate and maintain the said Property; e) Charge Penal Interest without prejudice to its other right under this Article and/ or other Facility Documents; and/or f) To suspend or terminate the right of the Borrowers to avail of or make drawdowns from the Loan and upon such notice, the un-utilised amount of the Loan shall stand cancelled. Notwithstanding any suspension or termination of this Agreement as specified hereinabove, all the provisions of this Agreement for the benefit or protection of Bank and its interests shall continue to be in full force and effect as specifically provided in this Agreement; and/or g) Without prejudice to what has been herein, it shall be lawful for the Bank at any time or times hereafter without any further consent of the Borrower to sell or concur with any other person in selling the Property or any Security or any part thereof without the intervention of the Court either by public auction or private contract whether with or without any special conditions or stipulations related to title or evidence of title or other matters as the Bank may think fit, with power to postpone the sale from time to time and to buy in the Property or any of the Secured Lenders Security or any part thereof at law any sale by auction or equity; andprivate contractor to rescind or vary any contract for the sale thereof and to resell the Property which shall have been so brought in or as to which the contract for sale shall have been so rescinded without being answerable for any loss or diminution occasioned thereby and with power also to execute assurance and give effectual receipts for the purchase money and do all other acts and things for completing the sale which the person or persons exercising the power of sale shall think proper and the aforesaid power shall be deemed to be a power to sell and concur in selling the Property without the intervention of the court of law, if so permissible under applicable Law AND IT IS HEREBY FURTHER AGREED AND DECLARED that the Bank may participate in any such sale without any objection from the Borrower whatsoever AND IT IS HEREBY FURTHER AGREED AND DECLARED that the Bank shall with and out of the moneys to arise from any such sale as aforesaid in the first place pay and retain the costs and expenses attending such sale or otherwise incurred is relation to this security and in the next plac e pay and satisfy the moneys which shall then be owing upon the security of these presents and shall pay the surplus if any to the Borrower or to the persons entitled to the same; (h) On receipt of notice by the Borrower, from the Bank having enforced the Security as herein provided, the Borrower shall without raising any dispute, forthwith, quit, vacate and handover vacant and peaceful possession of the Property to the Bank . If the Property or any part thereof shall at any time or times be taken up or requisitioned or acquired by the Government or by any public body or authority entitled to do so, the Bank shall be entitled to receive the whole of the compensation which the Borrower will be entitled or be declared and entitled to and to apply the same or a sufficient portion thereof towards repayment of the Outstanding Amount; i) if not in place, obtain insurance coverages To exercise and enforce all rights and remedies available to the Bank under this Agreement and/or the other Facility Documents or under applicable law; and/or j) To review the management set up or organisation of the Borrower and to require the Borrower to restructure it as are required hereunder, and all expenses incurred may be considered necessary by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by Bank; and/or k) To amend the terms of the Escrow Agreement, including priority of payments stipulated therein; and/or l) To instruct any person, who is liable to make any payment to the Borrower promptly after demandincluding the Lessee to pay directly to the Bank; and/or m) To stipulate any additional condition / action as it may deem fit; and/or n) To exercise the option of converting outstanding amounts on the Loan either in part or full and whether the same is due or not, into equity of the Borrower as a consequence of Event of Default lies with the Bank at its sole discretion.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 6.01 hereof has occurred shall occur and is be continuing, the Administrative Agent Purchaser may: (a) by notice to the Borrower Corporation, declare all Loan the outstanding amount of the Purchaser Obligations (to the extent not representing either the Bonds or the Purchaser Note or the Bond Note, which shall be addressed in subsection (c) below) under this Agreement to be immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived; , and an action therefor shall immediately accrue, provided that, that if a any Event of Default described in Section 11.01(e6.01(g) or (f) has occurredhereof shall occur, the Loan all Purchaser Obligations will under this Agreement shall be automatically accelerated mature and be due and payable on the date of the occurrence of such Event of Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind to the Borrower Corporation or any other Person, all of which are hereby expressly waived; (b) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Bond Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower Corporation and/or any other Member of the Obligated Group under the Loan Bond Documents, whether for specific performance of any agreement or covenant of the Borrower Corporation and/or any other Member of the Obligated Group or in aid of the execution of any power granted to the Lenders or the Administrative Agent Purchaser in the Loan Bond Documents; (c) exercise any deliver a notice to (i) the Bond Trustee and all remedies any Lender may have under the Loan DocumentsCorporation that an Event of Default has occurred and is continuing and directing the Bond Trustee to either cause a mandatory redemption of the Bonds or an acceleration of the Bonds, in either case, at the sole discretion of the Purchaser, and otherwise in accordance with the Bond Indenture and/or (ii) the Master Trustee and the Corporation that an Event of Default has occurred and is continuing and directing the Master Trustee to take such remedial action as is provided for in the Master Trust Indenture; (d) [Intentionally Omitted];cure any Default, Event of Default or event of nonperformance hereunder or under any Bond Document; provided, however, that the Purchaser shall have no obligation to effect such a cure; and (e) employ sales agents exercise, or cause to be exercised, any and negotiate and execute Residency Documents in connection with all or any part of the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; (g) apply all amounts then on deposit in the Borrower’s Fund remedies as it may have under the Funds Pledge Agreement to pay Loan Obligations; (h) exercise all other remedies Bond Documents and as otherwise available to any of the Secured Lenders at law or and at equity; and (i) if not in place, obtain insurance coverages as are required hereunder, and all expenses incurred by the Administrative Agent in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demand.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 7.01 hereof has occurred shall occur and is be continuing, the Administrative Agent may:Lender may take one or more of the following actions at any time and from time to time (regardless of whether the actions are taken at the same or different times): (a) by written notice to the Borrower Borrower, declare all the outstanding amount of the Loan Obligations under this Agreement and the Note to be immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived, and an action therefor shall immediately accrue; provided thatprovided, further that upon the Lender declaring all outstanding amounts to be immediately due and payable, the Borrower shall cause the State Treasurer to immediately transfer all amounts in the I-70 MEXL Revenue Account and the I-70 MEXL Operating Account, if a Default described in Section 11.01(e) or (f) has occurredany, the Loan Obligations will be automatically accelerated on the date of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waivedLender; (b) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Related Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under the Loan Related Documents, whether for specific performance of any agreement or covenant of the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent Lender in the Loan Related Documents; (c) exercise at the expense of the Borrower, cure any Default, Event of Default or event of nonperformance hereunder or under any Related Document; provided, however, that the Lender shall have no obligation to effect such a cure; and (d) exercise, or cause to be exercised, any and all remedies any Lender as it may have under the Loan Documents;Related Documents (other than as provided for in clause (b) of this Section 7.02(I)) and as otherwise available at law and at equity. (dII) [Intentionally Omitted]; (e) employ sales agents and negotiate and execute Residency Documents in connection with all or any part of Notwithstanding the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; 7.02(I)(a), (gx) apply the Lender shall not cause the outstanding amount of the Loan Obligations under this Agreement and the Note to be immediately due and payable as described in Section 7.02(I)(a) until seven (7) days after the occurrence of an Event of Default specified in Section 7.01(a)(i), 7.01(g), 7.01(h)(i), 7.01(h)(ii), 7.01(i), 7.01(j), 7.01(k), or 7.01(m) and (y) the Lender shall notify the Borrower that all outstanding amounts then on deposit of the Loan Obligations under this Agreement and the Note are immediately due and payable at least one hundred eighty (180) days prior thereto in the Borrower’s Fund under case of any Event of Default not specified in the Funds Pledge Agreement to pay Loan Obligations; immediately preceding clause (h) exercise all other remedies available to any x). Notwithstanding the foregoing sentence of the Secured Lenders at law or equity; and this Section 7.02(II), (i) if not any other holder of Parity Debt or any counterparty under any Swap Contract related thereto has the right to cause such Parity Debt to be immediately due and payable (whether by repurchase, mandatory tender, mandatory redemption, acceleration or otherwise) on a date earlier than, or pursuant to a notice period which is shorter than what is set forth in placethe first sentence of this Section 7.02(II) in connection with a default related to such Parity Debt, obtain insurance coverages then the Purchaser shall automatically have such right or shorter notice period, as are required hereunderapplicable, or (ii) if any other holder, credit enhancer or liquidity provider of Parity Debt or any counterparty under any Swap Contract related thereto causes any such Parity Debt or other obligations of the Borrower to become immediately due and payable (whether by repurchase, mandatory tender, mandatory redemption, acceleration or otherwise), then the Purchaser may immediately, without notice, avail itself of the remedies set forth in Section 7.02(I)(a) hereof and/or declare or cause to be declared the unpaid principal amount of all outstanding Note, all interest accrued and unpaid thereon, and all expenses incurred by other amounts owing or payable hereunder to be immediately due and payable. Further, notwithstanding the Administrative Agent foregoing, if an Event of Default under Section 7.01(e) Section 7.01(f) or Section 7.01(g) hereof occurs, the Lender may immediately, without notice, avail itself of the remedies set forth in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demandSection 7.02(I)(a) hereof.

Consequences of an Event of Default. If an Event of Default specified in Section 11.01 7.01 hereof has occurred shall occur and is be continuing, the Administrative Agent may:Lender may take one or more of the following actions at any time and from time to time (regardless of whether the actions are taken at the same or different times): (a) by written notice to the Borrower Borrower, declare all the outstanding amount of the Loan Obligations under this Agreement and the Note to be immediately due and payable forthwith, whereupon the same immediately shall become due and payable, without presentment, demand, protest or further notice of any kind, all of which are hereby expressly waived, and an action therefor shall immediately accrue; provided thatprovided, further that upon the Lender declaring all outstanding amounts to be immediately due and payable, the Borrower shall cause the State Treasurer to immediately transfer all amounts in the I-70 MEXL Revenue Account and the I-70 MEXL Operating Account, if a Default described in Section 11.01(e) or (f) has occurredany, the Loan Obligations will be automatically accelerated on the date of the occurrence of such Default without presentment, demand, protest, notice of intention to accelerate, notice of acceleration or other notice of any kind to the Borrower or any other Person, all of which are hereby expressly waivedLender; (b) either personally or by attorney or agent without bringing any action or proceeding, or by a receiver to be appointed by a court in any appropriate action or proceeding, take whatever action at law or in equity may appear necessary or desirable to collect the amounts due and payable under the Loan Related Documents or to enforce performance or observance of any obligation, agreement or covenant of the Borrower under the Loan Related Documents, whether for specific performance of any agreement or covenant of the Borrower or in aid of the execution of any power granted to the Lenders or the Administrative Agent Lender in the Loan Related Documents; (c) exercise at the expense of the Borrower, cure any Default, Event of Default or event of nonperformance hereunder or under any Related Document; provided, however, that the Lender shall have no obligation to effect such a cure; and (d) exercise, or cause to be exercised, any and all remedies any Lender as it may have under the Loan Documents; Related Documents (dother than as provided for in clause (b) [Intentionally Omitted]; (eof this Section 7.02(I)) employ sales agents and negotiate as otherwise available at law and execute Residency Documents in connection with all or any part of at equity. Notwithstanding the Mortgaged Properties or require the Borrower to retain a new Management Company for any or all of the Mortgaged Properties; (f) exercise the “lock-box” provisions of Section 6.25; 7.02(I)(a), (gx) apply the Lender shall not cause the outstanding amount of the Loan Obligations under this Agreement and the Note to be immediately due and payable as described in Section 7.02(I)(a) until seven (7) days after the occurrence of an Event of Default specified in Section 7.01(a)(i), 7.01(g), 7.01(h)(i), 7.01(h)(ii), 7.01(i), 7.01(j), 7.01(k), or 7.01(m) and (y) the Lender shall notify the Borrower that all outstanding amounts then on deposit of the Loan Obligations under this Agreement and the Note are immediately due and payable at least one hundred eighty (180) days prior thereto in the Borrower’s Fund under case of any Event of Default not specified in the Funds Pledge Agreement to pay Loan Obligations; immediately preceding clause (h) exercise all other remedies available to any x). Notwithstanding the foregoing sentence of the Secured Lenders at law or equity; and this Section 7.02(II), (i) if not any other holder of Parity Debt or any counterparty under any Swap Contract related thereto has the right to cause such Parity Debt to be immediately due and payable (whether by repurchase, mandatory tender, mandatory redemption, acceleration or otherwise) on a date earlier than, or pursuant to a notice period which is shorter than what is set forth in placethe first sentence of this Section 7.02(II) in connection with a default related to such Parity Debt, obtain insurance coverages then the Purchaser shall automatically have such right or shorter notice period, as are required hereunderapplicable, or (ii) if any other holder, credit enhancer or liquidity provider of Parity Debt or any counterparty under any Swap Contract related thereto causes any such Parity Debt or other obligations of the Borrower to become immediately due and payable (whether by repurchase, mandatory tender, mandatory redemption, acceleration or otherwise), then the Purchaser may immediately, without notice, avail itself of the remedies set forth in Section 7.02(I)(a) hereof and/or declare or cause to be declared the unpaid principal amount of all outstanding Note, all interest accrued and unpaid thereon, and all expenses incurred by other amounts owing or payable hereunder to be immediately due and payable. Further, notwithstanding the Administrative Agent foregoing, if an Event of Default under Section 7.01(e) Section 7.01(f) or Section 7.01(g) hereof occurs, the Lender may immediately, without notice, avail itself of the remedies set forth in connection with such action or in obtaining such insurance and keeping it in effect shall be paid by the Borrower promptly after demandSection 7.02(I)(a) hereof.