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200904065 (4) unscheduled draws on credit enhancements reflecting financial difficulties (not applicable to the 2009 Bonds), (5) substitution of credit or liquidity providers, or their failure to perform (not applicable to the 2009 Bonds), (6) adverse tax opinions or events affecting the tax- exempt status of the 2009 Bonds, (7) modifications to rights of the bondholders, (8) bond calls, (9) defeasances, (10) release, substitution or sale of property securing repayment of the 2009 Bonds, and (11) rating changes (the 2009 Bonds have not been rated and no rating is expected to be applied for with respect to the 2009 Bonds). The Board has not undertaken to provide notice of the occurrence of any other material event, except the events listed above. (c) in a timely manner to each NRMSIR or to the MSRB (as and to the extent required by the Rule) notice of any failure on the part of the College to provide required annual financial information not later than seven months from the close of the College Area's fiscal year. The College reserves the right to modify from time to time the specific types of information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the Board of the College, consistent with the Rule. The College agrees that such covenants are for the benefit of the registered owners of the 2009 Bonds (including Beneficial Owners, as defined in the Official Statement for the 2009 Bonds, "Beneficial Owner(s) ") and that such covenants may be enforced by any registered owner or Beneficial Owner, provided that any such right to enforcement shall be limited to specific enforcement of such undertaking and any failure shall not constitute an event of default under the Indenture or the Lease - Purchase Agreement. The continuing disclosure obligations of the College hereunder, as described above, shall cease when none of the 2009 Bonds remain outstanding. ARTICLE IV MISCELLANEOUS Section 4.1 Upon the effectiveness of this Amendment, each reference in the Original Agreement to "this Agreement," "this Lease- Purchase Agreement," " hereunder," "hereof," "herein," or 461