OF LIABILITIES FROM ANY COURT;
(II)
INSTITUTES PROCEEDINGS OR TAKES ANY FORM
OF CORPORATE ACTION TO BE LIQUIDATED, ADJUDICATED BANKRUPT OR INSOLVENT;
(III)
CONSENTS TO THE INSTITUTION OF BANKRUPTCY OR
INSOLVENCY PROCEEDINGS AGAINST IT;
(IV)
FILES A PETITION OR ANSWER OR CONSENT SEEKING
REORGANIZATION OR RELIEF UNDER ANY APPLICABLE LAW, OR CONSENTS TO THE FILING OF
ANY SUCH PETITION OR TO THE APPOINTMENT OF A RECEIVER, LIQUIDATOR, ASSIGNEE,
TRUSTEE, SEQUESTRATOR (OR OTHER SIMILAR OFFICIAL) OF THE BORROWER OR SUCH
SUBSIDIARY OR OF ANY SUBSTANTIAL PART OF ITS RESPECTIVE PROPERTY OR OTHER
ASSETS;
(V)
MAKES A GENERAL ASSIGNMENT FOR THE BENEFIT
OF CREDITORS; OR
(VI)
ADMITS IN WRITING ITS INABILITY TO PAY ITS
LIABILITIES GENERALLY AS THEY BECOME DUE OR OTHERWISE BECOMES INSOLVENT;
(I)
ATTACHMENT.
AN ATTACHMENT OR ANALOGOUS PROCESS IS LEVIED OR
ENFORCED UPON OR ISSUED AGAINST ANY OF THE ASSETS OF THE BORROWER FOR AN AMOUNT
IN EXCESS OF THE EQUIVALENT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) AND
IS NOT DISCHARGED WITHIN THIRTY (30) DAYS;
(J)
ANALOGOUS EVENTS TO BANKRUPTCY.
ANY OTHER EVENT OCCURS WHICH
UNDER ANY APPLICABLE LAW WOULD HAVE AN EFFECT ANALOGOUS TO ANY OF THOSE EVENTS
LISTED IN SECTION 6.02 (G), SECTION 6.02(H) AND SECTION 6.02 (I);
(K)
CROSS-DEFAULT.
THE BORROWER OR ANY SUBSIDIARY FAILS TO (I) MAKE
ANY PAYMENT IN RESPECT OF ANY OF ITS LIABILITIES (OTHER THAN THE C LOAN OR ANY
OTHER LOAN FROM IFC TO THE BORROWER OR SUCH SUBSIDIARY) IN EXCESS OF THE
EQUIVALENT OF THREE MILLION DOLLARS ($3,000,000) OR (II) PERFORM ANY OF ITS
OBLIGATIONS UNDER ANY AGREEMENT PURSUANT TO WHICH THERE IS OUTSTANDING ANY SUCH
LIABILITY (AS PROVIDED IN CLAUSE (I) ABOVE), AND ANY SUCH FAILURE CONTINUES FOR
MORE THAN ANY APPLICABLE PERIOD OF GRACE OR ANY SUCH LIABILITY BECOMES
PREMATURELY DUE AND PAYABLE OR IS PLACED ON DEMAND;
42
(L)
FAILURE TO MAINTAIN AUTHORIZATIONS.
ANY AUTHORIZATION NECESSARY
FOR THE BORROWER OR ANY SUBSIDIARY TO PERFORM AND OBSERVE ITS OBLIGATIONS UNDER
ANY TRANSACTION DOCUMENT (EXCLUDING THE CO-SALE AGREEMENT), OR TO CARRY OUT THE
PROJECT, IS NOT OBTAINED WHEN REQUIRED OR IS RESCINDED OR TERMINATED, LAPSES OR
OTHERWISE CEASES TO BE IN FULL FORCE AND EFFECT, INCLUDING WITH RESPECT TO THE
REMITTANCE TO IFC OR ITS ASSIGNEES, IN THE LOAN CURRENCY, OF ANY AMOUNTS PAYABLE
UNDER ANY TRANSACTION DOCUMENT (EXCLUDING THE CO-SALE AGREEMENT), UNLESS SUCH
FAILURE COULD NOT REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT, AND
ANY SUCH FAILURE CONTINUES FOR A PERIOD OF THIRTY (30) DAYS AFTER THE EARLIER OF
(X) THE DATE ON WHICH IFC NOTIFIES THE BORROWER OF THAT FAILURE AND (Y) THE DATE
ON WHICH THE BORROWER SHOULD REASONABLY HAVE BECOME AWARE OF THAT FAILURE;
PROVIDED, HOWEVER, THAT SUCH THIRTY (30) DAY CURE PERIOD SHALL BE EXTENDED TO
NINETY (90) DAYS IN AGGREGATE IF NOT CURABLE WITHIN THIRTY (30) DAYS AND THE
BORROWER IS PURSUING A CURE IN GOOD FAITH;
(M)
REVOCATION, ETC., OF TRANSACTION DOCUMENTS.
ANY TRANSACTION
DOCUMENT (EXCLUDING THE CO-SALE AGREEMENT) OR ANY OF ITS MATERIAL PROVISIONS:
(I)
IS REVOKED,