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(c) Any statement, representation or warranty made by Lessee in or pursuant <br />to this Agreement or its execution, delivery or performance shall prove to have been <br />false, incorrect, misleading, or breached in any material respect on the date when made; <br /> (d) Any default occurs under any other agreement for borrowing money, lease <br />financing of property or otherwise receiving credit under which Lessee is an obligor, if <br />such default (i) arises under any other agreement for borrowing money, lease financing of <br />property or provision of credit provided by Lessor or any affiliate of Lessor, or (ii) arises <br />under any obligation under which there is outstanding, owing or committed an <br />aggregated amount in excess of $100,000. Obligations referenced in the preceding <br />sentence do not include bonds issued by Lessee solely as a conduit issuer and special tax <br />or assessment bonds and other similar obligations for which Lessee is never ultimately <br />responsible to pay from its own funds; <br /> (e) Lessee shall (i) apply for or consent to the appointment of a receiver, <br />trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of <br />Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as <br />they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an <br />order for relief entered against it under applicable federal bankruptcy law, or (v) file a <br />voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an <br />arrangement with creditors or taking advantage of any insolvency law or any answer <br />admitting the material allegations of a petition filed against Lessee in any bankruptcy, <br />reorganization, moratorium or insolvency proceeding; or <br /> (f) An order, judgment or decree shall be entered by any court of competent <br />jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator <br />for Lessee or of all or a substantial part of the assets of Lessee, in each case without its <br />application, approval or consent, and such order, judgment or decree shall continue <br />unstayed and in effect for any period of 30 consecutive days. <br /> (g) Any default occurs under any of the Prior Capital Projects Financing <br />Agreements and remains uncured following any applicable cure period, if any. <br /> Section 12.02. Remedies on Default. Whenever any Event of Default exists, Lessor shall <br />have the right, at its sole option without any further demand or notice, to take one or any <br />combination of the following remedial steps: <br /> (a) By written notice to Lessee, Lessor may declare all Rental Payments <br />payable by Lessee and other amounts payable by Lessee hereunder to the end of the then <br />current Original Term or Renewal Term to be due; <br /> (b) With or without terminating the Lease Term, Lessor may enter the <br />premises where the Equipment is located and retake possession of such Equipment or <br />require Lessee at Lessee’s expense to promptly return any or all of such Equipment to the <br />possession of Lessor at such place within the United States as Lessor shall specify, and <br />sell or lease such Equipment or, for the account of Lessee, sublease such Equipment, <br />176