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(4) The Developer fails to comply with any obligation or requirement <br />set forth in Article 4 or Article 5; <br />(5) A Transfer occurs, either voluntarily or involuntarily, in violation <br />of Article 6; <br />(6) Any representation or warranty contained in this Agreement or in <br />any application, financial statement, certificate or report submitted to the City in connection with <br />this Agreement proves to have been incorrect in any material and adverse respect when made; <br />(7) An event of default occurs under the Deed of Trust, the Promissory <br />Note, or the Regulatory Agreement, subject to all applicable notice and cure periods; <br />(8) A court having jurisdiction shall have made or entered any decree <br />or order: (i) adjudging the Developer or its Sponsors to be bankrupt or insolvent; (ii) approving <br />as properly filed a petition seeking reorganization of the Developer or its Sponsors, or seeking <br />any arrangement for the Developer or its Sponsors, under the bankruptcy law or any other <br />applicable debtor's relief law or statute of the United States or any state or other jurisdiction; (iii) <br />appointing a receiver, trustee, liquidator, or assignee of the Developer or its Sponsors, in <br />bankruptcy or insolvency or for any of their properties; or (iv) directing the winding up or <br />liquidation of the Developer or its Sponsors, if any such decree or order described in clauses (i) <br />to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days <br />unless a lesser time period is permitted for cure under any other mortgage on the Property, in <br />which event such lesser time period will apply under this subsection (i) as well; or the Developer <br />or its Sponsors, shall have admitted in writing its inability to pay its debts as they fall due or shall <br />have voluntarily submitted to or filed a petition seeking any decree or order of the nature <br />described in clauses (i) to (iv), inclusive; <br />(9) The Developer shall have assigned its assets for the benefit of its <br />creditors or suffered a sequestration or attachment of or execution on any substantial part of its <br />property, unless the property so assigned, sequestered, attached or executed upon shall have been <br />returned or released within ninety (90) days after such event (unless a lesser time period is <br />permitted for cure under any other mortgage on the Property, in which event such lesser time <br />period shall apply under this subsection (10) as well) or prior to sooner sale pursuant to such <br />sequestration, attachment, or execution; <br />(10) The Developer or its Sponsors shall have been dissolved or shall <br />have voluntarily suspended their business; or <br />(11) There shall occur any default declared by any lender under any <br />loan document related to any loans, secured by a deed of trust on the Development after the <br />expiration of all applicable cure periods; or <br />(12) The Developer breaches any other material provision of this <br />Agreement or any material provision in any of the other City Documents which remains uncured <br />after expiration of any applicable cure periods. <br />REV: 06-17-2020 PR <br />1199\09\2727850.8 <br />ATTY/AGR.2020.100/353 Main Street Apartments LP (Page 49 of 143) <br />