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<br />an Event of Default under the Funding Loan Agreement or the other Funding Loan Documents or
<br />the Subordinate Debt Documents;
<br />(g) The Borrower, any Guarantor or the General Partner (i) applies for or consents to
<br />the appointment of a receiver, trustee liquidator or custodian or the like of the Borrower, any
<br />Guarantor or the General Partner, as applicable, or of property of any such party or (ii) admits in
<br />writing the inability of the Borrower, any Guarantor or the General Partner to pay its debts generally
<br />as they become due, or (iii) makes a general assignment for the benefit of creditors, (iv) is
<br />adjudicated bankrupt or insolvent, (v) commences a voluntary case under the Bankruptcy Code or
<br />files a voluntary petition or answer seeking reorganization, an arrangement with creditors or an
<br />order for relief or seeking to take advantage of any insolvency law or files an answer admitting the
<br />material allegations of a petition filed against the Borrower, any Guarantor or the General Partner
<br />in any bankruptcy, reorganization or insolvency proceeding, or action of the Borrower, any
<br />Guarantor or the General Partner is taken for the purpose of effecting any of the foregoing, or (vi)
<br />has instituted against it, without the application, approval or consent of the Borrower, any
<br />Guarantor or the General Partner, as applicable, a proceeding in any court of competent jurisdiction,
<br />under any Legal Requirements relating to bankruptcy, insolvency, reorganization or relief of
<br />debtors, seeking in respect of the Borrower, any Guarantor or the General Partner an order for
<br />relief or an adjudication in bankruptcy, reorganization, dissolution, winding up or liquidation, a
<br />composition or arrangement with creditors, a readjustment of debts, the appointment of a trustee,
<br />receiver, liquidator or custodian or the like of the Borrower, any Guarantor or the General Partner
<br />or of all or any substantial part of the assets of such party or other like relief in respect thereof under
<br />any Legal Requirements relating to bankruptcy or insolvency law, and, if such proceeding is being
<br />contested by the Borrower, such Guarantor or the General Partner, as applicable, in good faith, the
<br />same (A) results in the entry of an order for relief or any such adjudication or appointment or (B)
<br />remains undismissed and undischarged for a period of ninety (90) days;
<br />(h) The Borrower fails to maintain in full force and effect any insurance required
<br />pursuant to this Agreement;
<br />(i) The Project Facilities suffer a loss by fire or other casualty and such loss is not
<br />fully insured and any deficiency in the amount of insurance proceeds paid with respect to such loss
<br />is not posted with the Funding Lender within thirty (30) days of the determination of such
<br />deficiency;
<br />(j) The Project Facilities fail to achieve (i) Completion on or before the Completion
<br />Date; (ii) Stabilization on or before the Stabilization Date, or (iii) if specified on the Schedule of
<br />Financial Terms as applicable, to obtain and maintain the exemption from ad valorem real estate
<br />taxation under the laws of the State;
<br />(k) Any litigation or administrative proceeding ensues, and is not dismissed within
<br />thirty (30) days, involving the Borrower, the General Partner, any Guarantor or any instrument,
<br />contract or document delivered by the Borrower to the Controlling Person or the Funding Lender
<br />in compliance with this Agreement, and the adverse result of such litigation or proceeding would
<br />have, in the Controlling Person’s reasonable opinion, a materially adverse effect on the Borrower’s,
<br />the General Partner’s or any Guarantor’s ability to pay its obligations and comply with the
<br />covenants under this Agreement or any of the other Funding Loan Documents;
<br />(l) Any one or more judgments or orders are entered against the Borrower, any
<br />Guarantor or the General Partner, and (1) continue unsatisfied and unstayed for thirty (30) days or
<br />(2) a judgment lien on any property of the Borrower, any Guarantor or the General Partner is
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