STATE STATUTE REGULATING GOVERNMENTAL PLANS, SUBJECTING
LENDER TO LIABILITY FOR A VIOLATION OF ERISA, THE CODE OR A STATE STATUTE,
UNLESS BORROWER SHALL SUCCESSFULLY CURE SUCH VIOLATION (BY RESCINDING SUCH
TRANSACTION OR OTHERWISE) WITHIN SIXTY (60) DAYS AFTER OBTAINING ACTUAL
KNOWLEDGE OF SUCH VIOLATION OR SUCH SHORTER CURE PERIOD AS MAY BE PRESCRIBED
UNDER ERISA, THE CODE OR SUCH STATE STATUTE, AS APPLICABLE;
(XVI)
IF BORROWER SHALL FAIL TO DELIVER TO LENDER, WITHIN THIRTY (30)
DAYS AFTER REQUEST BY LENDER, THE ESTOPPEL CERTIFICATES REQUIRED PURSUANT TO THE
TERMS OF SECTION 5.1.13(A) HEREOF;
(XVII)
INTENTIONALLY OMITTED;
(XVIII)
IF BORROWER SHALL BE IN DEFAULT BEYOND APPLICABLE NOTICE AND GRACE
PERIODS UNDER ANY OTHER PLEDGE AGREEMENT OR OTHER SECURITY AGREEMENT COVERING
ANY OF THE COLLATERAL (OR ANY PORTION THEREOF), WHETHER IT BE SUPERIOR OR JUNIOR
IN LIEN TO THE PLEDGE AGREEMENT;
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(XIX)
WITH RESPECT TO ANY TERM, COVENANT OR PROVISION SET FORTH HEREIN
WHICH SPECIFICALLY CONTAINS A NOTICE REQUIREMENT OR GRACE PERIOD, IF BORROWER
SHALL BE IN DEFAULT UNDER SUCH TERM, COVENANT OR CONDITION AFTER THE GIVING OF
SUCH NOTICE OR THE EXPIRATION OF SUCH GRACE PERIOD;
(XX)
IF ANY OF THE ASSUMPTIONS CONTAINED IN THE INSOLVENCY OPINION,
INCLUDING, BUT NOT LIMITED TO, ANY EXHIBITS ATTACHED THERETO, WERE NOT TRUE AND
CORRECT IN ANY MATERIAL RESPECT AS OF THE DATE OF SUCH INSOLVENCY OPINION OR
THEREAFTER BECAME UNTRUE OR INCORRECT IN ANY MATERIAL RESPECT;
(XXI)
INTENTIONALLY OMITTED;
(XXII)
INTENTIONALLY OMITTED;
(XXIII)
INTENTIONALLY OMITTED;
(XXIV)
INTENTIONALLY OMITTED;
(XXV)
INTENTIONALLY OMITTED;
(XXVI)
INTENTIONALLY OMITTED;
(XXVII)
INTENTIONALLY OMITTED;
(XXVIII)
INTENTIONALLY OMITTED;
(XXIX)
INTENTIONALLY OMITTED;
(XXX)
INTENTIONALLY OMITTED;
(XXXI)
IF BORROWER SHALL CONTINUE TO BE IN DEFAULT UNDER ANY OF THE OTHER
TERMS, COVENANTS OR CONDITIONS OF THIS AGREEMENT NOT SPECIFIED IN SUBSECTIONS
(I) THROUGH (XXX) ABOVE, FOR TEN (10) DAYS AFTER NOTICE TO BORROWER FROM LENDER,
IN THE CASE OF ANY DEFAULT WHICH CAN BE CURED BY THE PAYMENT OF A SUM OF MONEY,
OR FOR THIRTY (30) DAYS AFTER NOTICE FROM LENDER IN THE CASE OF ANY OTHER
DEFAULT; PROVIDED, HOWEVER, THAT IF SUCH NON MONETARY DEFAULT IS SUSCEPTIBLE OF
CURE BUT CANNOT REASONABLY BE CURED WITHIN SUCH THIRTY (30) DAY PERIOD, BUT
BORROWER SHALL HAVE COMMENCED TO CURE SUCH DEFAULT WITHIN SUCH THIRTY (30) DAY
PERIOD AND THEREAFTER DILIGENTLY AND EXPEDITIOUSLY PROCEEDS TO CURE THE SAME,
SUCH THIRTY (30) DAY PERIOD SHALL BE EXTENDED FOR SUCH TIME AS IS REASONABLY
NECESSARY FOR BORROWER IN THE EXERCISE OF DUE DILIGENCE TO CURE SUCH DEFAULT,
SUCH ADDITIONAL PERIOD NOT TO EXCEED ONE HUNDRED EIGHTY (180) DAYS;
(XXXII)
IF THERE SHALL BE A DEFAULT UNDER THE PLEDGE AGREEMENT OR ANY OF
THE OTHER LOAN DOCUMENTS BEYOND ANY APPLICABLE NOTICE AND CURE PERIODS CONTAINED
IN SUCH DOCUMENTS, WHETHER AS TO BORROWER, THE COLLATERAL, THE MEZZANINE A
COLLATERAL, ANY MORTGAGE PRINCIPAL'S GENERAL PARTNER INTEREST IN THE RELATED
MORTGAGE BORROWER ENTITY, ANY MEZZANINE A PRINCIPAL'S GENERAL PARTNER INTEREST
IN THE
122
RELATED MEZZANINE A BORROWER ENTITY OR ANY INDIVIDUAL PROPERTY (PROVIDED,
HOWEVER, THAT IF NO NOTICE OR