APPOINT A TRUSTEE
TO ADMINISTER) SUCH A PENSION PLAN, (D) ANY OTHER EVENT OR CONDITION EXISTS
WHICH MIGHT, IN THE OPINION OF THE AGENT, CONSTITUTE GROUNDS UNDER THE
PROVISIONS OF SECTION 4042 OF ERISA FOR THE TERMINATION OF (OR THE APPOINTMENT
OF A TRUSTEE TO ADMINISTER) ANY PENSION PLAN BY THE PBGC, (E) A PENSION PLAN
SHALL FAIL TO MAINTAIN THE MINIMUM FUNDING STANDARD REQUIRED BY SECTION 412 OF
THE CODE OR ANY PLAN YEAR OR A WAIVER OF SUCH STANDARD IS SOUGHT OR GRANTED
UNDER THE PROVISIONS OF SECTION 4129D) OF THE CODE, (F) THE BORROWER OR ANY
ERISA AFFILIATE HAS INCURRED, OR IS LIKELY TO INCUR, A LIABILITY UNDER THE
PROVISIONS OF SECTION 4062, 4063, 4064 OR 4201 OF ERISA, (G) THE BORROWER OR ANY
ERISA AFFILIATE FAILS TO PAY THE FULL AMOUNT OF AN INSTALLMENT REQUIRED UNDER
SECTION 412(M) OF THE CODE, (H) THE OCCURRENCE OF ANY OTHER EVENT OR CONDITION
WITH RESPECT TO ANY PLAN WHICH WOULD CONSTITUTE AN EVENT OF DEFAULT UNDER ANY
OTHER AGREEMENT ENTERED INTO BY THE BORROWER OR ANY ERISA AFFILIATE, AND IN EACH
CASE IN CLAUSES (A) THROUGH (I), SUCH EVENT OR CONDITION, TOGETHER WITH ALL
OTHER SUCH EVENTS OR CONDITIONS, IF ANY, COULD SUBJECT THE BORROWER OR ANY ERISA
AFFILIATE TO ANY TAXES, PENALTIES OR OTHER LIABILITIES WHICH WOULD REASONABLY BE
EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT;
(XVIII)
BORROWER OR ANY ERISA AFFILIATE (A) SHALL HAVE BEEN NOTIFIED BY THE
SPONSOR OF A MULTIEMPLOYER PLAN THAT IT HAS INCURRED ANY MATERIAL WITHDRAWAL
LIABILITY TO SUCH MULTIEMPLOYER PLAN, AND (B) DOES NOT HAVE REASONABLE GROUNDS
FOR CONTESTING SUCH WITHDRAWAL LIABILITY AND IS NOT IN FACT CONTESTING SUCH
WITHDRAWAL LIABILITY IN A TIMELY AND APPROPRIATE MANNER WHICH WOULD REASONABLY
BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT; OR
(XIX)
THERE SHALL BE DEFAULT UNDER ANY OF THE OTHER LOAN DOCUMENTS
BEYOND ANY APPLICABLE CURE PERIODS CONTAINED IN SUCH DOCUMENTS, WHETHER AS TO
BORROWER, ANY OTHER BORROWER PARTY OR THE PROPERTY, OR IF ANY OTHER EVENT SHALL
OCCUR OR CONDITION SHALL EXIST, IF THE EFFECT OF SUCH EVENT OR CONDITION IS TO
ACCELERATE THE MATURITY OF ANY PORTION OF THE DEBT OR TO PERMIT LENDER TO
ACCELERATE THE MATURITY OF ALL OR ANY PORTION OF THE DEBT.
169
(B)
UPON THE OCCURRENCE OF AN EVENT OF DEFAULT (OTHER THAN AN EVENT OF
DEFAULT DESCRIBED IN CLAUSES (VI), (VII) OR (VIII) ABOVE) AND AT ANY TIME
THEREAFTER, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO IT PURSUANT
TO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS OR AT LAW OR IN EQUITY, LENDER
MAY TAKE SUCH ACTION, WITHOUT NOTICE OR DEMAND, THAT LENDER DEEMS ADVISABLE TO
PROTECT AND ENFORCE ITS RIGHTS AGAINST BORROWER AND IN AND TO THE PROPERTY,
INCLUDING, WITHOUT LIMITATION, DECLARING THE DEBT TO BE IMMEDIATELY DUE AND
PAYABLE, AND LENDER MAY ENFORCE OR AVAIL ITSELF OF ANY OR ALL RIGHTS OR REMEDIES
PROVIDED IN THE LOAN DOCUMENTS AGAINST BORROWER AND THE PROPERTY, INCLUDING,
WITHOUT LIMITATION, ALL RIGHTS OR