Common use of Loan Events of Default Clause in Contracts

Loan Events of Default. Each of the following events shall constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) Lessor shall fail to distribute in accordance with the provisions of Section 3 any amount received by the Lessor pursuant to the Lease, the Guaranty Agreement, the Construction Agency Agreement or the Master Agreement within two (2) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereof; or (b) the Lessor shall fail to pay to the Agent, within two (2) Business Days of the Lessor's receipt thereof, any amount which the Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (c) failure by the Lessor to perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or (d) any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) days of receipt by the Lessor of written notice thereof from the Agent or any Lender; or (e) the Lessor or the General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of its property without its consent and shall not be dismissed or stayed within a period of sixty (60) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General Partner, shall not be dismissed or stayed for a period of sixty (60) days; or (f) any Event of Default shall occur and be continuing.

Loan Events of Default. Each of the following events shall ---------------------- constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) Lessor shall fail to distribute in accordance with the provisions of Section 3 any amount received by the Lessor pursuant to the Lease, the Guaranty Agreement, the Construction Agency Agreement any Lease or the --------- Master Agreement within two (2) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereof; or (b) the Lessor shall fail to pay to the Agent, within two (2) Business Days of the Lessor's receipt thereof, any amount which the a Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (c) failure by the Lessor to perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or (d) any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) days of receipt by the Lessor of written notice thereof from the Agent or any Lender; or (e) the Lessor or the General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of its property without its consent and shall not be dismissed or stayed within a period of sixty ninety (6090) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General Partner, shall not be dismissed or stayed for a period of sixty ninety (6090) days; or (f) any Event of Default shall occur and be continuing.

Loan Events of Default. Each of the following events ---------------------- shall constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) Lessor shall fail to distribute in accordance with the provisions of Section 3 any amount received by the Lessor pursuant to --------- the Lease, the Operative Guaranty Agreement, the Construction Agency Agreement or the Master Agreement within two (2) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereof; or (b) the Lessor shall fail to pay to the Agent, within two (2) Business Days of the Lessor's receipt thereof, any amount which the Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (c) failure by the Lessor to perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or (d) any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) days of receipt by the Lessor of written notice thereof from the Agent or any Lender; or (e) the Lessor or the any General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the any General Partner or for substantially all of its property without its consent and shall not be dismissed or stayed within a period of sixty (60) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the any General Partner and, if instituted against the Lessor or the any General Partner, shall not be dismissed or stayed for a period of sixty (60) days; or (f) any Event of Default under the Lease shall occur and be continuing.

Loan Events of Default. Each of the following events shall constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) Lessor shall fail to distribute in accordance with the provisions of Section 3 any amount received by the Lessor pursuant to the Lease, the Guaranty Agreement, the Construction Agency Agreement or the Master Agreement within two (2) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereof; or (b) the Lessor shall fail to pay to the Agent, within two (2) Business Days of the Lessor's receipt thereof, any amount which the Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (c) failure by the Lessor to perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or (d) any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) days of receipt by the Lessor of written notice thereof from the Agent or any Lender; or (e) the Lessor or the General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of its property without its consent and shall not be dismissed or stayed within a period of sixty (60) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General Partner, shall not be dismissed or stayed for a period of sixty (60) days; or (f) any Event of Default shall occur and be continuing.

Loan Events of Default. Each of the following events shall constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) Lessor shall fail to distribute in accordance with the provisions of Section 3 any amount received by the Lessor pursuant to the Lease, the Operative Guaranty Agreement, the Construction Agency Agreement or the Master Agreement within two (2) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereof; or (b) the Lessor shall fail to pay to the Agent, within two (2) Business Days of the Lessor's receipt thereof, any amount which the Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (c) failure by the Lessor to perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or (d) any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) days of receipt by the Lessor of written notice thereof from the Agent or any Lender; or (e) the Lessor or the any General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the any General Partner or for substantially all of its property without its consent and shall not be dismissed or stayed within a period of sixty (60) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the any General Partner and, if instituted against the Lessor or the any General Partner, shall not be dismissed or stayed for a period of sixty (60) days; or (f) any Event of Default under the Lease shall occur and be continuing.

Loan Events of Default. Each of the following events shall constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) Lessor shall fail to distribute in accordance with the provisions of Section 3 6 of the Master Agreement any amount received by the Lessor pursuant to any of the Lease, the Guaranty Agreement, the Construction Agency Agreement or the Master Agreement Operative Documents within two (2) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereof; or (b) the Lessor shall fail to pay to the Agent, within two (2) Business Days of the Lessor's receipt thereof, any amount which the a Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (c) failure by the Lessor to perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or (d) any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) days of receipt by the Lessor of written notice thereof from the Agent or any Lender; or (e) the Lessor or the General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of its property without its consent and shall not be dismissed or stayed within a period of sixty ninety (6090) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General PartnerLessor, shall not be dismissed or stayed for a period of sixty ninety (6090) days; or (f) any Event of Default shall occur and be continuing.

Loan Events of Default. Each The occurrence of any of the following specified events shall constitute a (whatever the reason for such Loan Event of Default (and whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authorityadministrative or governmental body) and each such shall constitute a "Loan Event of Default shall continue so long as, but only as long as, it shall not have been remediedDefault": (a) Lessor an Equipment Agreement Event of Default shall fail to distribute in accordance with the provisions of Section 3 any amount received by the Lessor pursuant to the Lease, the Guaranty Agreement, the Construction Agency Agreement or the Master Agreement within two (2) Business Days of receipt thereof if have occurred and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereofbe continuing; or (b) Obligee shall default in the Lessor shall fail due and punctual payment of any principal of or interest on, the Loan (including any mandatory prepayment) or any other amount to pay be paid to Lender under the AgentLoan Documents; provided, within two (2) Business Days of however, that if any such amount is paid after the Lessor's receipt due date thereof, any it shall only be deemed to be paid in full if there shall also be paid, together with such amount, interest on such amount which at the Lessee or Overdue Rate from the Guarantor is required, pursuant to date such payment was due until the Operative Documents, to pay to the Agent but erroneously pays to the Lessordate of payment; or (c) failure by Obligee shall default in the Lessor to perform due performance or observance of any of its other obligations hereunder, or Owner Participant shall breach any of its obligations under this Agreement or the Trust Agreement, and in any material respect any other covenant or condition herein or in any other Operative Document to which each case the Lessor is a party, which failure same shall continue unremedied for thirty (30) a period of 30 days after from the earlier of actual knowledge thereof by Obligee and receipt by the Lessor Obligee of written notice thereof from the Agent or any Lenderof such default; or (d) any representation representation, warranty or warranty statement made by Obligee, Trust Company or Owner Participant in any of the Lessor contained Operative Documents, or otherwise in any Operative Document writing in connection herewith or therewith, or in any certificate required to statement furnished pursuant hereto or thereto or in connection herewith or therewith, shall be delivered thereunder breached or shall prove to have been incorrect be untrue in a any material respect when made and shall not have been cured within thirty (30) days on the date as of receipt by the Lessor of written notice thereof from the Agent or any Lenderwhich made; or (e) judgments for the Lessor payment of money in excess of $100,000 in the aggregate shall be rendered against Obligee and shall not be satisfied, stayed, bonded with a reputable and financially sound surety company to the full extent thereof, vacated or discharged for more than 60 days; or (i) Obligee, Trust Company or Owner Participant shall consent to the appointment of or the General Partner taking of possession by a receiver, agent or liquidator of itself or of a substantial part of its property, or Obligee, Trust Company or Owner Participant shall admit in writing its inability to pay its debts generally as they become bankrupt due, or does not pay its debts generally as they become due or shall make an a general assignment for the benefit of creditors creditors, or consent to Obligee, Trust Company or Owner Participant shall file a voluntary petition in bankruptcy or a voluntary petition or an answer seeking reorganization, liquidation or other relief in a case under -20- 98 any bankruptcy laws or other insolvency laws (as in effect at such time) or an answer admitting the appointment material allegations of a petition filed against it, or Obligee, Trust Company or Owner Participant shall seek relief by voluntary petition, answer or consent, under the provisions of any other bankruptcy or other similar law providing for the reorganization or winding-up of corporations (as in effect at such time) or Obligee, Trust Company or Owner Participant shall seek an agreement, composition, extension or adjustment with its creditors under such laws, or Obligee, Trust Company or Owner Participant shall adopt a resolution authorizing action in furtherance of any of the foregoing; or (ii) an order, judgment or decree shall be entered by any court of competent jurisdiction (A) appointing, without the consent of Obligee, Trust Company or Owner Participant, a receiver, trustee or receiver; liquidator of such person or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of any substantial part of its property, or (B) sequestering any substantial part of the property without its consent of Obligee, Trust Company or Owner Participant, or (C) granting any other relief in respect of Obligee, Trust Company, or Owner Participant as a debtor under any bankruptcy laws or other insolvency laws (as in effect at such time), and in each case any such order, judgment or decree of appointment or sequestration shall not be dismissed or stayed within a period of sixty (60) days; or bankruptcyremain in force undismissed, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General Partner, shall not be dismissed or stayed unstayed and unvacated for a period of sixty 60 days after the date of entry thereof; or (60iii) a petition against Obligee, Trust Company or Owner Participant in a case under any bankruptcy laws or other insolvency laws (as in effect at such time) is filed and not withdrawn or dismissed within 60 days thereafter, or if, under the provisions of any law providing for reorganization or winding-up of corporations which may apply to Obligee, Trust Company or Owner Participant, any court of competent jurisdiction assumes jurisdiction, custody or control of such person or of any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed and unterminated for a period of 60 days; or (fg) Obligee shall default in any Event of Default its obligations under any other Operative Document or any Operative Document shall occur cease to be in full force and effect or be continuingdisaffirmed or repudiated in any respect by or on behalf of Obligee or any party thereto (other than Lender); or (h) if this Agreement at any time shall not be in full force and effect or shall no longer create a first and prior Lien on any portion of the Collateral, or (i) the trust created pursuant to the Trust Agreement shall have been terminated.

Loan Events of Default. Each of the following events shall constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) Lessor shall fail to distribute in accordance with the provisions of Section 3 6 of the Master Agreement any amount received by the Lessor pursuant to any of the Lease, the Guaranty Agreement, the Construction Agency Agreement or the Master Agreement Operative Documents within two (2) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereof; or (b) the Lessor shall fail to pay to the Agent, within two (2) Business Days of the Lessor's receipt thereof, any amount which the a Lessee or the a Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (c) failure by the Lessor to perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or (d) any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) days of receipt by the Lessor of written notice thereof from the Agent or any Lender; or (e) the Lessor or the General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of its property without its consent and shall not be dismissed or stayed within a period of sixty ninety (6090) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General Partner, shall not be dismissed or stayed for a period of sixty ninety (6090) days; or (f) any Event of Default shall occur and be continuing.

Loan Events of Default. Each of the following events shall constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) The Lessor shall fail to distribute in accordance with the provisions of Section 3 any amount received by the Lessor pursuant to the Lease, the Guaranty Agreement, the Construction Agency Agreement Lease or the Master Participation Agreement within two three (23) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are Lender is entitled to such amount or a portion thereof; or; (b) the The Lessor shall fail to pay to the AgentLender, within two (2) Business Days of the Lessor's receipt thereof, any amount which the Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent Lender but erroneously pays to the Lessor; or; (c) failure The default by Lessor in the making of any payment in respect of the Loan, the Note or this Loan Agreement for 5 days after receipt by Lessor of written notice thereof from the Lender; (d) The default by the Lessor to perform in any material respect the performance of any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) 10 days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or; (de) any Any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) days of receipt by the Lessor of written notice thereof from the Agent or any Lender; orhave (ef) the The Lessor or the General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of its respective property without its consent and shall not be dismissed or stayed within a period of sixty (60) 30 days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General PartnerLessor, shall not be dismissed or stayed for a period of sixty (60) 30 days; or (f) any Event of Default shall occur and be continuing.

Loan Events of Default. Each The occurrence of any of the following specified events shall constitute a (whatever the reason for such Loan Event of Default (and whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authorityadministrative or governmental body) and each such shall constitute a “Loan Event of Default”: an Equipment Agreement Event of Default shall continue so long ashave occurred and be continuing; or either Obligee shall default in the due and punctual payment of any principal of or interest on, but only as long asany of its respective Loans (including any mandatory prepayment) or any other amount to be paid to Lenders under the Loan Documents; provided, however, that if any such amount is paid after the due date thereof, it shall not have been remedied: (a) Lessor only be deemed to be paid in full if there shall fail to distribute in accordance also be paid, together with the provisions of Section 3 any amount received by the Lessor pursuant to the Leasesuch amount, the Guaranty Agreement, the Construction Agency Agreement or the Master Agreement within two (2) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to interest on such amount at the Overdue Rate from the date such payment was due until the date of payment; or a portion thereof; or (b) either Obligee shall default in the Lessor shall fail to pay to due performance or observance of any of their respective other obligations hereunder, and the Agent, within two (2) Business Days of the Lessor's receipt thereof, any amount which the Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (c) failure by the Lessor to perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure same shall continue unremedied for a period of thirty (30) days after from the earlier of actual knowledge thereof by such Obligee and receipt by the Lessor such Obligee of written notice thereof from the Agent of such default; or any Lender; or (d) representation, warranty or statement made by Corporate Obligee, Trust Obligee, Trust Company or Owner Participant in any representation or warranty of the Lessor contained Operative Documents, or otherwise in any Operative Document writing in connection herewith or therewith, or in any certificate required to statement furnished pursuant hereto or thereto or in connection herewith or therewith, shall be delivered thereunder breached or shall prove to have been incorrect be untrue in a any material respect when made and shall not have been cured within thirty (30) days on the date as of receipt by the Lessor of written notice thereof from the Agent which made; or any Lender; or (e) the Lessor or the General Partner shall become bankrupt or make an assignment judgments for the benefit payment of creditors or consent to money in excess of $100,000 in the appointment of a trustee or receiver; or a trustee or a receiver aggregate shall be appointed for the Lessor or the General Partner or for substantially all of its property without its consent rendered against either Obligee and shall not be dismissed satisfied, stayed, bonded with a reputable and financially sound surety company to the full extent thereof, vacated or stayed within a period of sixty (60) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General Partner, shall not be dismissed or stayed discharged for a period of more than sixty (60) days; or (f) any Event of Default shall occur and be continuing.

Loan Events of Default. Each of the following events shall ---------------------- constitute a "Loan Event of Default Default" (whether any such event shall be voluntary --------------------- or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authoritygovernmental authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (ai) Lessor Borrower shall fail to distribute in accordance with the provisions pay any principal of Section 3 or interest on, any amount received by the Lessor pursuant to the Lease, the Guaranty Agreement, the Construction Agency Agreement or the Master Agreement within two Note when due and such failure shall continue for a period of five (25) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereofdays; or (b) the Lessor shall fail to pay to the Agent, within two (2) Business Days of the Lessor's receipt thereof, any amount which the Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (cii) failure by the Lessor to perform Borrower in any material respect to timely perform any other covenant or condition herein or in any other Operative Document to which the Lessor Borrower is a party, which party and such failure shall continue unremedied for a period of thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lenderdays; or (diii) any representation or warranty of the Lessor contained by Borrower in any Operative Document or in any certificate required to be or document delivered thereunder shall prove to have been incorrect in a material respect when made and shall remain material when discovered and if curable shall continue unremedied for a period of thirty (30) days; or (iv) the filing by Borrower of any petition for dissolution or liquidation of Borrower; or the commencement by Borrower of a voluntary case under any applicable bankruptcy, insolvency or other similar law for the relief of debtors, foreign or domestic, now or hereafter in effect; or Borrower shall have consented to the entry of an order for relief in an involuntary case under any such law; or the failure of Borrower generally to pay, or the admission by Borrower in writing that it is unable to pay, its debts as such debts become due (within the meaning of the Bankruptcy Code); or the failure by Borrower promptly to satisfy or discharge any execution, garnishment or attachment of such consequence as will impair its ability to carry out its obligations under the Operative Documents; or the appointment of or taking possession by a receiver, custodian or trustee (or other similar official) for Borrower or any substantial part of its property; or a general assignment by Borrower for the benefit of creditors; or the entry by Borrower into an agreement of composition with its creditors; or Borrower shall have taken any corporate action in furtherance of any of the foregoing; or the filing against Borrower of an involuntary petition in bankruptcy which results in an order for relief being entered or, notwithstanding that an order for relief has not have been cured entered, the petition is not dismissed within thirty (30) days of receipt by the Lessor date of written notice thereof from the Agent filing of the petition; or the filing under any Lenderlaw relating to bankruptcy, insolvency or relief of debtors of any petition against Borrower which either (i) results in a finding or adjudication of insolvency of Borrower or (ii) is not dismissed within thirty (30) days of the date of the filing of such petition; or (ev) the Lessor or the General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of its property without its consent and shall not be dismissed or stayed within a period of sixty (60) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General Partner, shall not be dismissed or stayed for a period of sixty (60) days; or (f) any Lease Event of Default shall occur and be continuing.

Loan Events of Default. Each of the following events shall constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) Lessor shall fail to distribute in accordance with the provisions of Section 3 any amount received by the Lessor pursuant to the Lease, the Guaranty Agreement, the Construction Agency Master Agreement or the Master Agreement any other Operative Document within two (2) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereof; or (b) the Lessor shall fail to pay to the Agent, within two (2) Business Days of the Lessor's ’s receipt thereof, any amount which the a Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (c) failure by the Lessor to perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or (d) any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) days of receipt by the Lessor of written notice thereof from the Agent or any Lender; or (e) the Lessor or the General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of its property without its consent and shall not be dismissed or stayed within a period of sixty (60) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General Partner, shall not be dismissed or stayed for a period of sixty (60) days; or (f) any Event of Default shall occur and be continuing.

Loan Events of Default. Each of the following events shall constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) Lessor shall fail to distribute in accordance with the provisions of Section 3 6 of the Master Agreement any amount received by the Lessor pursuant to any of the Lease, the Guaranty Agreement, the Construction Agency Agreement or the Master Agreement Operative Documents within two (2) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereof; or (b) the Lessor shall fail to pay to the Agent, within two (2) Business Days of the Lessor's receipt thereof, any amount which the a Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (c) failure by the Lessor to perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or (d) any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) days of receipt by the Lessor of written notice thereof from the Agent or any Lender; or (e) the Lessor or the General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of its property without its consent and shall not be dismissed or stayed within a period of sixty ninety (6090) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General Partner, shall not be dismissed or stayed for a period of sixty ninety (6090) days; or (f) any Event of Default shall occur and be continuing.

Loan Events of Default. Each The occurrence of any of the following specified events shall constitute a (whatever the reason for such Loan Event of Default (and whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authorityadministrative or governmental body) and each such shall constitute a “Loan Event of Default shall continue so long as, but only as long as, it shall not have been remediedDefault”: (a) Lessor an Equipment Agreement Event of Default shall fail to distribute in accordance with the provisions of Section 3 any amount received by the Lessor pursuant to the Lease, the Guaranty Agreement, the Construction Agency Agreement or the Master Agreement within two (2) Business Days of receipt thereof if have occurred and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereofbe continuing; or (b) either Obligee shall default in the Lessor shall fail due and punctual payment of any principal of or interest on, any of its respective Loans (including any mandatory prepayment) or any other amount to pay be paid to Lenders under the AgentLoan Documents; provided, within two (2) Business Days of however, that if any such amount is paid after the Lessor's receipt due date thereof, any it shall only be deemed to be paid in full if there shall also be paid, together with such amount, interest on such amount which at the Lessee or Overdue Rate from the Guarantor is required, pursuant to date such payment was due until the Operative Documents, to pay to the Agent but erroneously pays to the Lessordate of payment; or (c) failure by either Obligee shall default in the Lessor to perform in due performance or observance of any material respect any of their respective other covenant or condition herein or in any other Operative Document to which obligations hereunder, and the Lessor is a party, which failure same shall continue unremedied for a period of thirty (30) days after from the earlier of actual knowledge thereof by such Obligee and receipt by the Lessor such Obligee of written notice thereof from the Agent or any Lenderof such default; or (d) any representation representation, warranty or warranty statement made by Corporate Obligee, Trust Obligee, Trust Company or Owner Participant in any of the Lessor contained Operative Documents, or otherwise in any Operative Document writing in connection herewith or therewith, or in any certificate required to statement furnished pursuant hereto or thereto or in connection herewith or therewith, shall be delivered thereunder breached or shall prove to have been incorrect be untrue in a any material respect when made and shall not have been cured within thirty (30) days on the date as of receipt by the Lessor of written notice thereof from the Agent or any Lenderwhich made; or (e) judgments for the Lessor payment of money in excess of $100,000 in the aggregate shall be rendered against either Obligee (other than judgments with respect to which such Obligee provides Agent with a written acknowledgement from such Obligee’s or Obligor’s insurer that such judgment is covered by an insurance policy issued by such insurer) and shall not be satisfied, stayed, bonded with a reputable and financially sound surety company to the full extent thereof, vacated or discharged for more than sixty (60) days; or (i) Corporate Obligee, Trust Obligee, Trust Company or Owner Participant shall consent to the appointment of or the General Partner taking of possession by a receiver, agent or liquidator of itself or of a substantial part of its property, or Corporate Obligee, Trust Obligee, Trust Company or Owner Participant shall admit in writing its inability to pay its debts generally as they become bankrupt due, or does not pay its debts generally as they become due or shall make an a general assignment for the benefit of creditors creditors, or consent to Corporate Obligee, Trust Obligee, Trust Company or Owner Participant shall file a voluntary petition in bankruptcy or a voluntary petition or an answer seeking reorganization, liquidation or other relief in a case under any bankruptcy laws or other insolvency laws (as in effect at such time) or an answer admitting the appointment material allegations of a petition filed against it, or Corporate Obligee, Trust Obligee, Trust Company or Owner Participant Company shall seek relief by voluntary petition, answer or consent, under the provisions of any other bankruptcy or other similar law providing for the reorganization or winding-up of corporations (as in effect at such time) or Corporate Obligee, Trust Obligee, Trust Company or Owner Participant shall seek an agreement, composition, extension or adjustment with its creditors under such laws, or Corporate Obligee, Trust Obligee, Trust Company or Owner Participant shall adopt a resolution authorizing action in furtherance of any of the foregoing; or (ii) an order, judgment or decree shall be entered by any court of competent jurisdiction (A) appointing, without the consent of Corporate Obligee, Trust Obligee, Trust Company or Owner Participant, a receiver, trustee or receiver; liquidator of such person or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of any substantial part of its property, or (B) sequestering any substantial part of the property without its consent of Corporate Obligee, Trust Obligee, Trust Company or Owner Participant, or (C) granting any other relief in respect of Corporate Obligee, Trust Obligee, Trust Company or Owner Participant as a debtor under any bankruptcy laws or other insolvency laws (as in effect at such time), and in each case any such order, judgment or decree of appointment or sequestration shall not be dismissed or stayed within remain in force undismissed, unstayed and unvacated for a period of sixty (60) daysdays after the date of entry thereof; or bankruptcy(iii) a petition against Corporate Obligee, Trust Obligee, Trust Company or Owner Participant in a case under any bankruptcy laws or other insolvency laws (as in effect at such time) is filed and not withdrawn or dismissed within sixty (60) days thereafter, or if, under the provisions of any law providing for reorganization or insolvency proceedings shall be instituted by winding-up of corporations which may apply to Corporate Obligee, Trust Obligee, Trust Company or against the Lessor Owner Participant , any court of competent jurisdiction assumes jurisdiction, custody or the General Partner andcontrol of such person or of any substantial part of its property and such jurisdiction, if instituted against the Lessor custody or the General Partnercontrol remains in force unrelinquished, shall not be dismissed or stayed unstayed and unterminated for a period of sixty (60) days; or (fg) either Obligee shall default in any Event of Default its obligations under any other Operative Document to which it is a party or any Operative Document shall occur cease to be in full force and effect or be continuingdisaffirmed or repudiated in any respect by or on behalf of either Obligee or any party thereto (other than Lenders); or (h) if this Agreement at any time shall not be in full force and effect or shall no longer create a first and prior Lien on any portion of the Collateral, or (i) the trust created pursuant to the Trust Agreement shall have been terminated.

Loan Events of Default. Each The occurrence of any one or more of the following events shall constitute a Loan an event of default (each, an “Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected Default”) by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remediedDebtor under this Agreement: (a) Lessor Debtor or any guarantor of Debtor (individually or collectively, the “Guarantor”) shall fail to distribute in accordance with make or cause to be made any payment of principal, interest or any other amount payable under the provisions of Section 3 Note or this Agreement as and when any amount received by the Lessor pursuant to the Lease, the Guaranty Agreement, the Construction Agency Agreement or the Master Agreement within two (2) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereof; orpayment becomes due; (b) Debtor (1) attempts to remove, sell, encumber, assign or sublease or fails to insure any of the Lessor shall fail to pay to Equipment as required under this Agreement or abandons the AgentEquipment, within two (2) Business Days or within 5 days of the Lessor's receipt thereofSecured Party’s written demand, fails to deliver to Secured Party any amount which the Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; ordocuments required of it under this Agreement; (c) failure by the Lessor Debtor shall fail to observe or perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or (d) any representation or warranty of the Lessor contained covenants, terms or conditions of the Note or this Agreement (except payment terms), in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured each case, within thirty (30) days of receipt Debtor’s first knowledge of facts that would inform Debtor of such failure; provided, however, that if the obligation to be performed by Debtor is of such nature that the Lessor same cannot reasonably be performed within such thirty-day period, such default shall be deemed to have been cured (i) if Debtor commences such performance within such thirty-day period and thereafter diligently completes the same within 60 days of written notice thereof from its first knowledge of such failure, (ii) the Agent Collateral is not subject to a material risk of loss and (iii) Secured Party’s rights and remedies under this Agreement are not adversely affected thereby; (d) Any representation or warranty made by Debtor to Secured Party pursuant to this Agreement or by Guarantor in any Lenderguaranty or in any document furnished in connection with either (including, without limitation, any financial statement) shall have been false or misleading in any material respect when made or delivered, as the case may be; (e) Guarantor is in default of any obligation under the applicable guaranty beyond any applicable grace period or repudiates its obligations thereunder; (f) The uninsured Casualty Loss of any of the Equipment and Debtor’s failure to perform its obligations as a result of any such Casualty Loss as set forth in Section 6(f) of this Agreement; or (eg) Debtor or Guarantor: (i) ceases doing business as a going concern; (ii) sells all or a material portion of its assets or more than 50% of Debtor’s voting control is transferred to another entity or person, in either case in one or more related transactions (without regard to the Lessor amount of time between any two such transactions or the General Partner shall become bankrupt relationship between the transferring entity and the entity to which such interests or make assets are transferred); (iii) makes an assignment for the benefit of creditors creditors; (iv) admits in writing its inability to pay its debts as they become due; (v) files a voluntary petition in bankruptcy; (vi) is adjudicated a bankrupt or consent an insolvent; (vii) files a petition seeking for itself any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar arrangement under any present or future statute, law or regulation or files an answer admitting or failing to deny the material allegations of a petition filed against it in any such proceeding; (viii) defaults under any material credit agreement for a period of ten (10) days beyond any applicable grace period in such credit agreement (provided, that a credit agreement is deemed material if it provides for a payment obligation of $250,000 or more); (ix) in Secured Party’s reasonable opinion, has suffered a material adverse change in its financial condition or business operations; or (x) consents to or acquiesces in the appointment of a trustee trustee, receiver, or receiver; liquidator for it or a trustee of all or a receiver shall be appointed for the Lessor or the General Partner or for substantially all any substantial part of its property without assets or properties, or if it or its consent and trustee, receiver, liquidator or shareholders shall not be dismissed take any action to effect its dissolution or stayed liquidation; (h) If within a period of sixty (60) days; days after the commencement of any proceedings against Debtor or bankruptcyGuarantor seeking reorganization, reorganization arrangement, composition, readjustment, liquidation, dissolution or insolvency proceedings shall be instituted by similar relief under any present or against the Lessor future statute, law or the General Partner andregulation, if instituted against the Lessor or the General Partner, such proceeding shall not be dismissed have been dismissed, or stayed for a period of if within sixty (60) daysdays after the appointment (with or without Debtor’s or Guarantor’s consent) of any trustee, receiver or liquidator of it or all of or any substantial part of its respective assets and properties, such appointment shall not be vacated; or (fi) Debtor is in default in the payment or performance of any Event of Default shall occur and be continuingobligation under any other agreement with Secured Party beyond any applicable grace period.

Loan Events of Default. Each of the following events shall constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) Lessor shall fail to distribute in accordance with the provisions of Section 3 Article VI of the Master Agreement any amount received by the Lessor pursuant to any of the Lease, the Guaranty Agreement, the Construction Agency Agreement or the Master Agreement Operative Documents within two (2) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereof; or (b) the Lessor shall fail to pay to the Agent, within two (2) Business Days of the Lessor's receipt thereof, any amount which the a Lessee or the a Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (c) failure by the Lessor to perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or (d) any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) days of receipt by the Lessor of written notice thereof from the Agent or any Lender; or (e) the Lessor or the General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of its property without its consent and shall not be dismissed or stayed within a period of sixty ninety (6090) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General Partner, shall not be dismissed or stayed for a period of sixty ninety (6090) days; or (f) any Event of Default shall occur and be continuing.

Loan Events of Default. Each of the following events shall constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) Lessor shall fail to distribute in accordance with the provisions of Section 3 Article VI of the Master Agreement any amount received by the Lessor pursuant to the Lease, the Guaranty Agreement, the Construction Agency Master Agreement or the Master Agreement any other Operative Document within two (2) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereof; or (b) the Lessor shall fail to pay to the Agent, within two (2) Business Days of the Lessor's receipt thereof, any amount which the a Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (c) failure by the Lessor to perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or (d) any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) days of receipt by the Lessor of written notice thereof from the Agent or any Lender; or (e) the Lessor or the General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of its property without its consent and shall not be dismissed or stayed within a period of sixty (60) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General PartnerLessor, shall not be dismissed or stayed for a period of sixty (60) days; or (f) any Event of Default shall occur and be continuing.

Loan Events of Default. Each of the following events shall constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) Lessor shall fail to distribute in accordance with the provisions of Section 3 Article VI of the Master Agreement any amount received by the Lessor pursuant to the Lease, the Guaranty Agreement, the Construction Agency Agreement Lease or the Master Agreement within two three (23) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are entitled to such amount or a portion thereof; or (b) the Lessor shall fail to pay to the Agent, within two (2) Business Days of the Lessor's receipt thereof, any amount which the Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent but erroneously pays to the Lessor; or (c) failure by the Lessor to perform in any material respect any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or (d) any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) days of receipt by the Lessor of written notice thereof from the Agent or any Lender; or (e) the Lessor or the General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of its property without its consent and shall not be dismissed or stayed within a period of sixty ninety (6090) days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General PartnerLessor, shall not be dismissed or stayed for a period of sixty ninety (6090) days; or (f) any Event of Default shall occur and be continuing.

Loan Events of Default. Each of the following events shall constitute a Loan Event of Default (whether any such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation of any Governmental Authority) and each such Loan Event of Default shall continue so long as, but only as long as, it shall not have been remedied: (a) The Lessor shall fail to distribute in accordance with the provisions of Section 3 any amount received by the Lessor pursuant to the Lease, the Guaranty Agreement, the Construction Agency Agreement Lease or the Master Participation Agreement within two three (23) Business Days of receipt thereof if and to the extent that the Agent or the Lenders are Lender is entitled to such amount or a portion thereof; or; (b) the The Lessor shall fail to pay to the AgentLender, within two (2) Business Days of the Lessor's receipt thereof, any amount which the Lessee or the Guarantor is required, pursuant to the Operative Documents, to pay to the Agent Lender but erroneously pays to the Lessor; or; (c) failure The default by Lessor in the making of any payment in respect of the Loan, the Note or this Loan Agreement for 5 days after receipt by Lessor of written notice thereof from the Lender; (d) The default by the Lessor to perform in any material respect the performance of any other covenant or condition herein or in any other Operative Document to which the Lessor is a party, which failure shall continue unremedied for thirty (30) 10 days after receipt by the Lessor of written notice thereof from the Agent or any Lender; or; (de) any Any representation or warranty of the Lessor contained in any Operative Document or in any certificate required to be delivered thereunder shall prove to have been incorrect in a material respect when made and shall not have been cured within thirty (30) 10 days of receipt by the Lessor of written notice thereof from the Agent or any Lender; or (ef) the The Lessor or the General Partner shall become bankrupt or make an assignment for the benefit of creditors or consent to the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for the Lessor or the General Partner or for substantially all of its respective property without its consent and shall not be dismissed or stayed within a period of sixty (60) 30 days; or bankruptcy, reorganization or insolvency proceedings shall be instituted by or against the Lessor or the General Partner and, if instituted against the Lessor or the General PartnerLessor, shall not be dismissed or stayed for a period of sixty (60) 30 days; or (f) any Event of Default shall occur and be continuing.