Laserfiche WebLink
13068670v2 <br /> <br /> <br />35 <br /> <br />ARTICLE VII <br /> <br />REMEDIES ON DEFAULT <br />Section 7.01 Events of Default. Each of the following events is hereby defined as, and is <br />declared to be and to constitute, an “Event of Default”: <br />(a) If payment of the principal of any of the Bonds, or any premium thereon, <br />when the same shall become due and payable, whether at maturity or proceedings for <br />redemption, declaration or otherwise, shall not be made; or <br />(b) If payment of any interest on the Bonds when the same shall become due <br />and payable (in which case interest shall be payable to the extent permitted by law on any <br />overdue installments of interest, in each case at the interest rate borne by the Bonds in <br />respect of which such interest is overdue) shall not be made; or <br />(c) If there should be a default in the due and punctual performance of any of <br />the other covenants, conditions, agreements and provisions contained in the Bonds or in <br />this Indenture, or in any indenture supplemental hereto, and such default shall have <br />continued for a period of sixty days after written notice, specifying such default and <br />requiring the same to be remedied, shall have been given to the Corporation by the Trustee, <br />or if such notice is given to the Trustee and the Corporation by the Holders of not less than <br />twenty-five percent (25%) in principal amount of the Bonds then outstanding; or <br />(d) If any event of default as that term is defined in the Loan Agreement shall <br />occur and be continuing. <br />Section 7.02 Acceleration of Maturity. Subject to the terms of the Subordination <br />Agreement, upon the occurrence of an Event of Default, the Trustee may, and upon written request <br />of the Holders of twenty-five percent (25%) in aggregate principal amount of Bonds outstanding <br />hereunder, provided that such requesting Holders have offered indemnity to the Trustee, to its sole <br />satisfaction, pursuant to Section 8.06 of this Indenture, and that the Trustee has received no <br />conflicting direction from the majority of Holders pursuant to Section 7.07 of this Indenture, shall, <br />by notice in writing delivered to the Issuer declare the principal of all Bonds hereby secured then <br />outstanding and the interest accrued thereon immediately due and payable, and such principal and <br />interest shall thereupon become and be immediately due and payable subject, however, to the right <br />of the Holders of a majority in aggregate principal amount of Bonds then outstanding hereunder, <br />by written notice to the Issuer and to the Trustee, to annul such declaration and destroy its effect <br />at any time if all covenants with respect to which default shall have been made shall be fully <br />performed or made good, and all arrears of interest upon all Bonds outstanding hereunder and the <br />reasonable expenses and charges of the Trustee, its agent and attorneys, and all other indebtedness <br />secured hereby (except the principal of any Bonds which have not then attained their stated <br />maturity and interest accrued on such Bonds since the last interest payment date) shall be paid, or <br />the amount thereof shall be paid to the Trustee for the benefit of those entitled thereto. <br />Section 7.03 Enforcement of Covenants and Conditions. In any case of Default or breach <br />of any of the covenants and conditions of this Indenture, or to protect the Trust Estate, the Trustee,