DELAYED) USING GOOD FAITH EFFORTS WITHIN THIRTY
(30) DAYS OF CUSTOMER OBTAINING KNOWLEDGE OF A SERVICER DEFAULT THAT IS NOT
WAIVED (WITH BUYER'S PRIOR CONSENT); OR
(C)
[INTENTIONALLY OMITTED]
(D)
ANY REPRESENTATION, WARRANTY, CERTIFICATION
OR STATEMENT MADE BY CUSTOMER OR ANY OF ITS SUBSIDIARIES IN THIS AGREEMENT OR IN
ANY OTHER TRANSACTION DOCUMENT OR IN STATEMENT OR CERTIFICATE AT ANY TIME GIVEN
BY CUSTOMER OR ANY OF ITS SUBSIDIARIES IN WRITING PURSUANT HERETO OR THERETO OR
IN CONNECTION HEREWITH OR THEREWITH SHALL BE FALSE IN ANY MATERIAL RESPECT ON
THE DATE AS OF WHICH MADE PROVIDED, THAT IF SUCH DEFAULT REFERRED TO IN THIS
SECTION 7.1(D) IS SUSCEPTIBLE OF BEING CURED, NO TERMINATION EVENT SHALL ARISE
UNDER THIS SECTION 7.1(D) UNLESS SUCH DEFAULT SHALL REMAIN UNCURED FOR A THIRTY
(30) DAY PERIOD AFTER SUCH OCCURRENCE, PROVIDED, FURTHER, HOWEVER, THAT IF THE
DEFAULT IS SUSCEPTIBLE OF CURE (AND IS NOT SUSCEPTIBLE TO CURE SOLELY BY THE
PAYMENT OF MONEY) BUT CANNOT REASONABLY BE CURED WITH SUCH THIRTY (30) DAY
PERIOD AND CUSTOMER SHALL HAVE COMMENCED TO CURE SUCH DEFAULT WITHIN SUCH THIRTY
(30) DAY PERIOD AND THEREAFTER DILIGENTLY AND EXPEDITIOUSLY PROCEEDS TO CURE THE
SAME, CUSTOMER SHALL HAVE SUCH ADDITIONAL TIME AS IS REASONABLY NECESSARY TO
EFFECT SUCH CURE, BUT IN NO EVENT IN EXCESS OF SIXTY (60) DAYS FROM THE ORIGINAL
OCCURRENCE, WHEREUPON A TERMINATION EVENT SHALL ARISE UNDER THIS SECTION 7.1(D);
OR ANY OTHER DOCUMENT DELIVERED PURSUANT HERETO SHALL PROVE TO HAVE BEEN
INCORRECT, WHEN MADE OR DEEMED MADE; OR
(E)
(I) CUSTOMER OR ANY OF ITS SUBSIDIARIES
SHALL FAIL TO PAY WHEN DUE (A) ANY PRINCIPAL OF OR INTEREST ON ANY INDEBTEDNESS
(OTHER THAN INDEBTEDNESS REFERRED TO IN SECTION 7.1(A) ABOVE) OR (B) ANY
CONTINGENT OBLIGATION, IN EACH CASE BEYOND THE END OF ANY GRACE PERIOD PROVIDED
THEREFOR; OR (II) A BREACH OR DEFAULT BY CUSTOMER OR ANY OF ITS SUBSIDIARIES
WITH RESPECT TO ANY OTHER MATERIAL TERM OF (A) ANY EVIDENCE OF ANY INDEBTEDNESS
OR ANY CONTINGENT OBLIGATION, OR (B) ANY LOAN AGREEMENT, MORTGAGE, INDENTURE OR
OTHER AGREEMENT RELATING TO SUCH INDEBTEDNESS OR CONTINGENT OBLIGATION(S), IF
THE EFFECT OF SUCH BREACH OR DEFAULT IS TO CAUSE THAT INDEBTEDNESS OR CONTINGENT
OBLIGATION(S) TO BECOME OR BE DECLARED DUE AND PAYABLE PRIOR TO ITS STATED
MATURITY OR THE STATED MATURITY OF ANY UNDERLYING OBLIGATION, AS THE CASE MAY BE
(UPON THE GIVING OR RECEIVING OF NOTICE, LAPSE OF TIME, BOTH, OR OTHERWISE); OR
(F)
CUSTOMER SHALL DEFAULT IN THE PERFORMANCE
OF ANY OTHER COVENANT OR UNDERTAKING HEREUNDER OR UNDER ANY TRANSACTION
DOCUMENT, OTHER THAN ANY SUCH TERM REFERRED TO IN ANY OTHER PARAGRAPH OF THIS
SECTION 7.1; PROVIDED, THAT IF SUCH DEFAULT REFERRED TO IN THIS
60
Section 7.1(f) is susceptible of being cured, no Termination Event shall arise
under this Section 7.1(f) unless such default shall remain uncured for a thirty
(30) day period after such occurrence, provided, further, however, that if the
default is susceptible of cure (and is not susceptible to cure solely by the