Death or Incompetency. The death or adjudicated incompetency of the Credit Support Provider; provided, however, that in connection with either the adjudicated incompetency or the death of the Credit Support Provider, no Event of Default shall be declared by the Lender if, within ninety (90) days from the date of such adjudication of incompetency or the date of the Credit Support Provider’s death, as the case may be, the guardian of the Credit Support Provider or the estate of the deceased the Credit Support Provider, as the case may be, (i) upon the Lender’s written request acknowledges and does not repudiate or dispute in any manner, and assumes, this Agreement and the Guaranteed Obligations hereunder, (ii) cooperates with the Lender in filing and seeking any contingent liability claim in connection with the death of the Credit Support Provider, (iii) has sufficient assets to secure all monetary Guaranteed Obligations hereunder and sets aside sufficient sums, in the Lender’s reasonable discretion, in connection therewith and (iv) the estate of the Credit Support Provider continues to meet all applicable terms, conditions and covenants under this Agreement and the other Loan Documents.
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