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2890662.3 24 <br />Project or fails to pay when due any other charge that may result in a lien on the Property or the <br />Project, and Developer fails to cure such default within 30 days of date of delinquency, but in all <br />events upon the imposition of any such tax or other lien; <br />(f) A default is declared under any loan secured by a mortgage, deed of trust or other <br />security instrument recorded against the Property and remains uncured beyond any applicable <br />cure period such that the holder of such security instrument has the right to accelerate repayment <br />of such loan; <br />(g) Any representation or warranty contained in this Agreement or in any financial <br />statement, certificate or report submitted to the City in connection with this Agreement or <br />Developer’s request for the Loan proves to have been false in any material and adverse respect <br />when made and continues to be materially adverse to the City; <br />(h) If, pursuant to or within the meaning of the United States Bankruptcy Code or any <br />other federal or state law relating to insolvency or relief of debtors ("Bankruptcy Law"), <br />Developer (i) commences a voluntary case or proceeding; (ii) consents to the entry of an order <br />for relief against Developer in an involuntary case; (iii) consents to the appointment of a trustee, <br />receiver, assignee, liquidator or similar official for Developer; (iv) makes an assignment for the <br />benefit of its creditors; or (v) admits in writing its inability to pay its debts as they become due; <br />(i) A court of competent jurisdiction shall have made or entered any decree or order <br />(1) adjudging the Developer to be bankrupt or insolvent, (2) approving as properly filed a <br />petition seeking reorganization of the Developer or seeking any arrangement for Developer <br />under bankruptcy law or any other applicable debtor's relief law or statute of the United States <br />or any state or other jurisdiction, (3) appointing a receiver, trustee, liquidator, or assignee of the <br />Developer in bankruptcy or insolvency or for any of its properties, or (4) directing the winding <br />up or liquidation of the Developer; <br />(j) Developer shall have assigned its assets for the benefit of its creditors (other than <br />pursuant to a mortgage loan) or suffered a sequestration or attachment of or execution on any <br />substantial part of its property, unless the property so assigned, sequestered, attached or executed <br />upon shall have been returned or released within sixty (60) days after such event (unless a lesser <br />time period is permitted for cure under any other mortgage on the Property, in which event such <br />lesser time period shall apply under this subsection as well) or prior to any sooner sale pursuant <br />to such sequestration, attachment, or execution; <br />(k) The Developer shall have voluntarily suspended its business or Developer shall <br />have been dissolved or terminated; <br />(l) An event of default arises under this Agreement, the Regulatory Agreement, or <br />any City Document and remains uncured beyond any applicable cure period; or <br />(m) Developer defaults in the performance of any term, provision, covenant or <br />agreement contained in this Agreement other than an obligation enumerated in this Section 10.1 <br />and unless a shorter cure period is specified for such default, the default continues for ten (10) <br />46