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011 ----An l: if ,of 8 o"t._.VVieJ'J:'::. r i (c) If the Issuer or the Company shall, for more tna,T1 30 days after the Bondholder shall have demanded in wri ' performance ther~ofi fai]. or refuse to' comnlv- wi-th- a-n!ij,'--- --~. covenant, agreement, term or provi ..iOli . of thi SMO'i:tg<~9'~ (regardless of the provisions of Sections 2.15 or 7.06'heIO'E!of.or' any other provision of this Mortgage limiting the liabf.~:i,..ty/.~~ the Issuer), the Construction Escrow Agreement, ther;ease;fil.ltlt Guarantv or the Assiqnment of Rents, on its or their paxtlQ:~. kept and performed -or to make provision satisfactoryt:o ..~~ Bondholder for such compliance (hereof granting the company,.t~ privilege of complying therewith in the name of thelssuer,if permitted by law), or (d) If the interest received and payable on the.Bbt'id should be subject to federal income taxation pursuant to the receipt by the then current registered owner of a notice. of a Pinal Determination: or (e) If any "Event of Default," as that term is defined in the Lease or in the Construction Escrow Agreement, shall have occurred and be continuing: or (f) If any representation or warranty made in writing by or on behalf of the Issuer or rhe Company in this Mortgage, in the Guaranty, in the ConEtruc+.i,:::' Escrow Agreement or in any financial statement, certifici'J': or report furnished in order to induce the Bondholder to purchase the Bond shall prove to have been false or incorrect in any material respect, or mat~rially misleading, as of the time such representation or warranty was made; or (g) If the Issuer shall: (i) admit in writing its inability to pay its debts generally as they become due, (ii) commence a voluntary case for relief as a debtor under Title 11 of the United States Code, as now constituted or hereafter w~ended (the "United States Bankruptcy Code") or file a petition to take advantage of any insolvency act or other applicable law, (iii) make an assignment for the benefit of creditors, or (iv) consent to, or acquiesce in, the appointment of a recei ver , liquidator or trustee of itself or of the whole or any substantial part of its properties or assets, or (h) If, without the Issuer's consent or acquiescence, (i) a court of competent jurisdiction shall enter an order, judgment or decree appointing a receiver, liquidator, or trustee of the Issuer, or of the whole or any substantial part of the property or assets of the Issuer and such order, judgment or decree shall remain unvacated, or not set aside, or unstayed for 30 davs, or (ii) an involuntarv case under the United States Bankr~ptcy Code shall be commenced against the Issuer or a peti tion shall be filed against it seeking relief under any insolvency act or other applicable law and such case or petition shall remain undismissed for 30 days; or (iii) under the provisions of any other law for the relief or aid of debtors, any -18- L L L L