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20090~2~4 <br />thereof to the Corporation by the Trustee, or by the registered owners of not less than fifty-one <br />percent (51%) or more in aggregate principal amount of Bonds outstanding hereunder; <br />(d) if an order, judgment or decree shall be entered by any court of competent <br />jurisdiction: (i) appointing a receiver, trustee or liquidator for the Corporation or the whole or <br />any substantial part of its properties; (ii) approving a petition with respect to ar by the <br />Corporation or with respect to its properties under the provisions of the United States <br />Bankruptcy Code; (iii) granting relief to the Corporation under any amendment ar revision of <br />said Bankruptcy Code and such order, judgment or decree shall not be vacated or set aside or <br />stayed (or, in the case custody or control is assumed by said order, such custody or control shall <br />not be otherwise terminated), within sixty (60) days from the date of entry of such order, <br />judgment or decree provided that no such event or occurrence shall constitute an event of <br />default under this Indenture as and to the extent that the Corporation or the College <br />demonstrates to the satisfaction of the Trustee that such event or occurrence will not affect in <br />any material adverse way the performance of the Corporation's obligations under this Indenture; <br />or <br />(e) if the Corporation shall (i) admit in writing its inability to pay its debts <br />generally as they become due; (ii) file a petition in any insolvency or bankruptcy proceedings or <br />seeking any composition of indebtedness; (iii) make an assignment for the benefit of its <br />creditors; (iv) consent to the appointment of a receiver of the whole or any substantial part of its <br />properties; (v) file a petition or an answer seeking relief under the United States Bankruptcy <br />Code; or (vi) consent to the assumption by any court of competent jurisdiction under the <br />provisions of any other law for the relief or aid of debtors of custody or control of the whole or <br />any substantial part of the properties of the Corporation provided that no such event or <br />occurrence shall constitute an event of default under this Indenture as and to the extent that the <br />Corporation or the College demonstrates to the satisfaction of the Trustee that such event or <br />occurrence will not affect in any material adverse way the performance of the Corporation's <br />obligations under this Indenture. <br />The term "default" shall mean default by the Corporation in the perfarrnance or observance <br />of any of the covenants, agreements or conditions on its part contained in this Indenture, or in the Bands <br />outstanding hereunder, exclusive of any period of grace required to constitute a default as an "event of <br />default", as hereinabove provided, after giving notice to the Corporation, if applicable. Notwithstanding any <br />other provision of this Indenture, no default shall be declared to be an "event of default" until after the expi- <br />ration of ten (10) days after written notice of such default has been given to the College. <br />Section 2. Upon the occurrence of an event of default, the Trustee may, and upon the <br />written request of the registered owners of fifty-one percent (51%) or more in aggregate principal amount of <br />Bonds outstanding hereunder, shall, by notice in writing delivered to the Corporation declare the principal of <br />all Bonds hereby secured then outstanding, and the interest accrued thereon, immediately due and payable. <br />This provision is subject, however, to the condition thatrf at any time after such declaration of principal and <br />interest as immediately due, and before any further action has been taken other than such declaration, the <br />principal amount of all Bonds which have matured and all arrears of interest, together with the reasonable <br />charges and expenses of the Trustee, shall be paid or caused to be paid, then the registered owners of a <br />majority in principal amount of the Bonds then outstanding, by notice in writing delivered to the Trustee, may <br />require the Trustee to waive such default and its consequences and rescind such declaration. Until it is <br />required to make the declaration hereinabove in this Section provided, the Trustee shall have power to waive <br />any default arising hereunder if, in the opinion of the Trustee, the same shall have been cured or adequate <br />25 <br />