Agenda - Council - 08/13/2013 - Laserfiche WebLink

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timely manner, the Company will have a period of 90 days to cure such payment default. The Trustee will give telephonic or telegraphic notice, with subsequent written notice, to the Company of such failure; (b) Failure by the Company to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in paragraph (a), for a period of 30 business days after written notice specifying such failure and requesting that it be remedied will have been given to the Company by the Trustee unless the Trustee agrees in writing to an extension of such time prior to its expiration or if any representation or warranty of the Company will be determined to be or have been a material misrepresentation or materially misleading or untrue when made; provided, however, if the failure stated in the notice be such that it cannot be corrected within the applicable period, the Trustee will not unreasonably withhold its consent to an extension of such time (but not more than 90 days) if corrective action is instituted by the Company within the applicable period and diligently pursued until the default is corrected; (c.) Certain events of bankruptcy, dissolution, liquidation or reorganization by the Company, as set forth in the Loan Agreement; (d) The occurrence of an Event of Default under the Indenture; (e) The occurrence of an Event of Default under the Tax Regulatory Agreement, the Mortgage, the Lease, or the Pledge Agreement; or (f) Any final judgments, or writs or warrants of attachment or of any similar processes in an aggregate amount in excess of the greater of $150,000 or 2.5%0 of the insured value of the Project Buildings entered or fled against the Company or against any of its property and remaining unvacated, unpaid, unbonded, uninsured, or unstayed for a period of 30 days. The Company will not be deemed to be in default under paragraph (b) above if by reason of force majeure, as defined in the Loan Agreement, it is unable in whole or in part to carry out any agreement in the Loan Agreement, other than the agreement to make the loan repayments. Remedies Whenever an Event of Default has happened and is continuing, the Trustee or the Issuer, with the written consent of the Trustee, may take one or any combination of the following remedial steps: (a) By written notice to the Company, declare an amount equal to all amounts then due and payable on the Bonds, whether by acceleration of maturity (as provided in the Indenture) or otherwise, to be immediately due and payable as liquidated damages under the Loan Agreement and not as a penalty; (b) Have reasonable access to and inspect, examine, and make copies of the relevant books and records and any and all relevant accounts, data and income tax and other tax returns of the Company during regular business hours of the Company if reasonably necessary in the opinion of the Issuer or the Trustee; or E-8