LOAN DOCUMENT OR PROVISION AS TO SUCH FAILURE OR
BREACH.
(D)
ANY REPRESENTATION OR WARRANTY MADE BY BORROWER IN THIS
AGREEMENT, IN ANY OF THE OTHER LOAN DOCUMENTS, OR IN ANY CERTIFICATE OR DOCUMENT
FURNISHED UNDER THE TERMS OF THIS AGREEMENT OR IN CONNECTION WITH THE LOAN,
SHALL BE UNTRUE OR INCOMPLETE IN ANY MATERIAL RESPECT WHEN MADE.
(E)
AN EVENT OF DEFAULT, AFTER THE EXPIRATION OF ANY APPLICABLE
NOTICE AND/OR CURE PERIOD PROVIDED THEREUNDER, SHALL EXIST UNDER THE TERMS OF
ANY OTHER CREDIT FACILITY OR OTHER AGREEMENT NOW OR HEREAFTER EXISTING BETWEEN
BORROWER AND LENDER OR JHA WEST 16, LLC, AND/OR BETWEEN ANY OTHER AFFILIATE OF
BORROWER AND LENDER OR JHA WEST 16, LLC.
(F)
A DEFAULT SHALL EXIST UNDER THE TERMS OF BORROWER'S FORMATION
DOCUMENTS.
(G)
THE ENVIRONMENTAL INDEMNITY, AT ANY TIME AND FOR ANY REASON
CEASES TO BE IN FULL FORCE AND EFFECT, OR BORROWER CONTESTS OR DENIES THE
VALIDITY OR ENFORCEABILITY OF THE ENVIRONMENTAL INDEMNITY, OR GIVES NOTICE TO
LENDER TO SUCH EFFECT, OR OTHERWISE ATTEMPTS TO REVOKE OR REPUDIATE ANY OF THE
FOREGOING AS TO ANY EXISTING OR FUTURE OBLIGATIONS.
19
(H)
BORROWER SHALL FAIL TO MAINTAIN INSURANCE AS REQUIRED BY THE
DEED OF TRUST OR SHALL FAIL TO FURNISH TO LENDER PROOF OF PAYMENT OF ALL
PREMIUMS FOR SUCH INSURANCE.
(I)
A TRANSFER, ENCUMBRANCE, LIEN, CHANGE OF OWNERSHIP OR OTHER
ACTION OR OCCURRENCE PROHIBITED BY THE DEED OF TRUST SHALL OCCUR.
(J)
LENDER FAILS TO HAVE AN ENFORCEABLE LIEN ON OR SECURITY
INTEREST IN ANY PROPERTY OR COLLATERAL GIVEN AS SECURITY FOR THE LOAN.
(K)
IF BORROWER SHALL (I) MAKE AN ASSIGNMENT FOR THE BENEFIT OF
CREDITORS; (II) GENERALLY NOT BE PAYING ITS DEBTS AS THEY BECOME DUE; OR
(III) ADMIT IN WRITING ITS INABILITY TO PAY ITS DEBTS AS THEY BECOME DUE;
(L)
OTHER THAN WITH RESPECT TO THE CURRENT BANKRUPTCY, IF
(I) BORROWER SHALL COMMENCE ANY CASE, PROCEEDING OR OTHER ACTION UNDER ANY
EXISTING OR FUTURE LAW OF ANY JURISDICTION, DOMESTIC OR FOREIGN, RELATING TO
BANKRUPTCY, INSOLVENCY, REORGANIZATION, CONSERVATORSHIP OR RELIEF OF DEBTORS
(A) SEEKING TO HAVE AN ORDER FOR RELIEF ENTERED WITH RESPECT TO IT, OR SEEKING
TO ADJUDICATE IT A BANKRUPT OR INSOLVENT, OR SEEKING REORGANIZATION,
ARRANGEMENT, ADJUSTMENT, WINDING-UP, LIQUIDATION, DISSOLUTION, COMPOSITION OR
OTHER RELIEF WITH RESPECT TO IT OR ITS DEBTS, OR (B) SEEKING APPOINTMENT OF A
RECEIVER, TRUSTEE, CUSTODIAN, CONSERVATOR OR OTHER SIMILAR OFFICIAL FOR IT OR
FOR ALL OR ANY SUBSTANTIAL PART OF ITS ASSETS; OR (II) THERE SHALL BE COMMENCED
AGAINST BORROWER ANY CASE, PROCEEDING OR OTHER ACTION OF A NATURE REFERRED TO IN
CLAUSE (I) ABOVE BY ANY PARTY OTHER THAN LENDER WHICH (A) RESULTS IN THE ENTRY
OF AN ORDER FOR RELIEF OR ANY SUCH ADJUDICATION OR APPOINTMENT, OR (B) REMAINS
UNDISMISSED, UNDISCHARGED OR UNBONDED FOR A PERIOD OF NINETY (90) DAYS; OR
(III) THERE SHALL BE COMMENCED AGAINST BORROWER ANY CASE, PROCEEDING OR OTHER
ACTION SEEKING ISSUANCE OF A WARRANT OF ATTACHMENT, EXECUTION, DISTRAINT OR
SIMILAR PROCESS AGAINST ALL OR ANY SUBSTANTIAL