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<br />there shall be appointed, without the consent or acquiescence of the Borrower, a
<br />trustee in bankruptcy or reorganization or a receiver or liquidator of the
<br />Borrower or of all or any substantial part of the property of the Borrower, and
<br />any such order or decree shall have continued unvacated, unstayed on appeal or
<br />otherwise and in effect for a period of 90 days; or
<br />(g) the Borrower shall default in the payment of the principal of and
<br />interest on any evidence of indebtedness of the Borrower for borrowed money, or
<br />any event shall occur under any indenture, agreement or other similar instrument
<br />under which any such evidence of indebtedness of the Borrower for borrowed money
<br />may be issued, which default or event permits the acceleration of the maturity of
<br />such indebtedness of the Borrower outstanding thereunder.
<br />The provisions of paragraph (d) of this Section are subject to the
<br />following limitations: If by reason of acts of Cod, strikes, lockouts or other
<br />industrial disturbances, acts of public enemies, orders of any kind of the
<br />government of the United States or of the State, or any department, agency,
<br />political subdivision or official thereof, or any civil or military authority,
<br />insurrections, riots, infection, epidemics, landslides, lightning, earthquakes,
<br />fires, hurricanes, storms, floods, washouts, droughts, arrests, restrain of
<br />government and people, civil disturbances, explosions, breakage or accident to
<br />machinery, partial or entire failure of utilities, or any cause or event not
<br />reasonably within the control of the Borrower, the Borrower is unable in whole or
<br />in part to carry out its agreements referred to in paragraph (d) of this Section,
<br />the Borrower shall not be deemed in default during the continuance of such
<br />inability. The Borrower shall use its best efforts to remedy with all
<br />reasonable dispatch the cause or causes preventing it from carrying out its
<br />agreements; provided, that the settlement of strikes, lockouts and other
<br />industrial disturbances shall be entirely within the discretion of the Borrower,
<br />and the Borrower shall not be required to make settlement of strikes, lockouts
<br />and other industrial disturbances by acceding to the demands of the opposing
<br />party or parties when such course is, in the judgment of the Borrower,
<br />unfavorable to the Borrower. Any failure of the Borrower to perform its
<br />obligations under Article III of this Loan Agreement, upon any notice or lapse of
<br />time or both provided in this Section, shall constitute an Event of Default
<br />regardless of the reason for such failure to perform.
<br />Notwithstanding the foregoing provisions of this Section, so long as
<br />the Credit Facility Provider shall not have wrongfully failed to honor any demand
<br />for funds under the Credit Facility, no Event of Default specified in this
<br />Section shall be deemed to have occurred unless and until the Credit Facility
<br />Provided shall have given written notice to the Trustee of the occurrence of such
<br />Event of Default.
<br />Section 6.02. Remedies. Upon the occurrence of an Event of Default
<br />and upon written notice thereof to the Borrower and NHC, the Issuer or the
<br />Trustee may (i) accelerate the payment of the amounts payable under this Loan
<br />Agreement and the Note and all amounts due under this Loan Agreement and the Note
<br />upon notice to the Borrower, whereupon the entire unpaid amount payable under
<br />this Loan Agreement and the Note immediately shall become due and payable without
<br />further demand upon the Borrower, and (ii) take any action at law or in equity to
<br />collect the payments due and thereafter to become due, or to enforce the
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