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11-13-2024 Council Packet
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11-13-2024 Council Packet
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135242345v3 <br /> <br /> <br />41 <br />Section 6.02 Acceleration; Other Remedies Upon Event of Default. Upon the <br />occurrence of an Event of Default, Fiscal Agent shall, upon the written request of Funding Lender <br />Representative, by notice in writing delivered to Governmental Lender, declare the principal of <br />the Funding Loan and the interest accrued thereon immediately due and payable, and interest shall <br />continue to accrue thereon until such amounts are paid. <br />At any time after the Funding Loan shall have been so declared due and payable, and before <br />any judgment or decree for the payment of the money due shall have been obtained or entered, <br />Fiscal Agent may, but only if directed in writing by Funding Lender Representative, by written <br />notice to Governmental Lender and Fiscal Agent, rescind and annul such declaration and its <br />consequences if Governmental Lender or Borrower shall pay to or deposit with Fiscal Agent a sum <br />sufficient to pay all principal on the Funding Loan then due (other than solely by reason of such <br />declaration) and all unpaid installments of interest (if any) on the Funding Loan then due, with <br />interest at the rate borne by the Funding Loan on such overdue principal and (to the extent legally <br />enforceable) on such overdue installments of interest, and all of Fiscal Agent’s Extraordinary Fees <br />and Expenses incurred to date shall have been made good or cured or adequate provision shall <br />have been made therefor, and all outstanding amounts then due and unpaid under the Financing <br />Documents (collectively, the “Cure Amount”) shall have been paid in full, and all other defaults <br />hereunder shall have been made good or cured or waived in writing by Funding Lender <br />Representative; but no such rescission and annulment shall extend to or shall affect any subsequent <br />default, nor shall it impair or exhaust any right or power consequent thereon. <br />Upon the occurrence and during the continuance of an Event of Default, Fiscal Agent in <br />its own name and as trustee of an express trust, on behalf and for the benefit and protection of <br />Funding Lender, may also proceed to protect and enforce any rights of Fiscal Agent and, to the <br />full extent that Funding Lender itself might do, the rights of Funding Lender under the laws of the <br />Property Jurisdiction or under this Funding Loan Agreement by such of the following remedies as <br />Fiscal Agent shall deem most effectual to protect and enforce such rights; provided that, Fiscal <br />Agent may undertake any such remedy only upon the receipt of the prior written consent of <br />Funding Lender Representative (which consent may be given in the sole discretion of Funding <br />Lender Representative): <br />(a) By mandamus or other suit, action or proceeding at law or in equity, to <br />enforce the payment of the principal of, Prepayment Premium, if any, or interest on the <br />Funding Loan and to require Governmental Lender to carry out any covenants or <br />agreements with or for the benefit of Funding Lender and to perform its duties under the <br />Act, this Funding Loan Agreement, the Project Loan Agreement or the TEL Regulatory <br />Agreement (as applicable) to the extent permitted under the applicable provisions thereof. <br />(b) By pursuing any available remedies under the Project Loan Agreement, the <br />TEL Regulatory Agreement or any other Financing Document. <br />(c) By realizing or causing to be realized through sale or otherwise upon the <br />Pledged Security. <br />(d) By action or suit in equity enjoin any acts or things that may be unlawful or <br />in violation of the rights of Funding Lender and execute any other papers and documents
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