Liens, Attachment; Condemnation. (i) The recording of any claim of lien against the Property or Improvements or the service on Lender of any bonded stop notice relating to the Loan and the continuance of such claim of lien or bonded stop notice for twenty (20) Business Days without discharge, satisfaction or provision for payment being made by Borrower in a manner satisfactory to Lender; or (ii) the condemnation, seizure or appropriation of, or occurrence of an uninsured casualty with respect to any material portion of the Property or Improvements; or (iii) the sequestration or attachment of, or any levy or execution upon any of the Property or Improvements, any other collateral provided by Borrower under any of the Loan Documents, any monies in the Borrower’s Funds Account, or any substantial portion of the other assets of Borrower, which sequestration, attachment, levy or execution is not released, expunged or dismissed prior to the earlier of thirty (30) days or the sale of the assets affected thereby; or
Liens, Attachment; Condemnation. (i) The recording of any claim of lien against the Property or Project or the service on Bondowner Representative of any bonded stop notice relating to the Loan and the continuance of such claim of lien or bonded stop notice for thirty (30) days without discharge, satisfaction or provision for payment being made by Borrower in a manner satisfactory to Bondowner Representative; or (ii) the condemnation, seizure or appropriation of, or occurrence of an uninsured casualty with respect to any material portion of the Property or the Project; or (iii) the sequestration or attachment of, or any levy or execution upon any portion of the Property or the Project, any other collateral provided by Borrower under any of the Loan Documents, any monies in Borrower’s Funds Account, or any substantial portion of the other assets of Borrower, which sequestration, attachment, levy or execution is not released, expunged or dismissed prior to the earlier of thirty (30) days or the sale of the assets affected thereby; or
Liens, Attachment; Condemnation. (i) The recording of any claim of lien against the Property or Improvements or the service on Lender of any bonded stop notice relating to the Loan and the continuance of such claim of lien or bonded stop notice for twenty (20) days without discharge, satisfaction or provision for payment being made by Borrower in a manner satisfactory to Lender, subject to the provisions of Section 4.9 hereof and Section 5.5 of the Deed of Trust ; or (ii) the condemnation, seizure or appropriation of, or occurrence of an uninsured casualty with respect to any material portion of the Property or Improvements that is not otherwise offset by Borrower's deposit of sufficient restoration funds (including any applicable deductible amount under any applicable policy of casualty insurance) into the Borrower's Funds Account within forty-five (45) days after the occurrence of such event; or (iii) the sequestration or attachment of, or any levy or execution upon any of the Property or Improvements, any other collateral provided by Borrower under any of the Loan Documents, any monies in the Account or in the Borrower's Funds Account, or any substantial portion of the other assets of Borrower, which sequestration, attachment, levy or execution is not released, expunged or dismissed prior to the earlier of forty-five (45) days or the sale of the assets affected thereby; or
Liens, Attachment; Condemnation. (i) The recording of any claim of lien against any Asset or the service on Lender of any bonded stop notice relating to the Loan and the continuance of such claim of lien or bonded stop notice for forty-five (45) days after the date on which Borrower or any Affiliate becomes aware of such claim of lien days without discharge, satisfaction or provision for payment (including a bond, cash deposit or other security reasonably satisfactory to Lender, so long as the Property nor any interest therein would not be in any danger of sale, loss or forfeiture) being made by Borrower or such Affiliate in a manner satisfactory to Lender; or (ii) the condemnation, seizure or appropriation of, or occurrence of an uninsured casualty with respect to any material portion of the Assets, provided, however, that such shall not be an Event of Default if Borrower is otherwise performing its obligations under this Agreement and (y) in the event of an uninsured casualty with respect to any material portion of the Assets, Borrower pays to Lender an amount equal to the shortfall of any insurance proceeds required for the restoration therefor or, (z) in the event there is a condemnation, seizure or appropriation of any material portion of the Assets, condemnation proceeds are remitted to Lender, or Borrower otherwise pays to Lender, an amount equal to the diminution of the Assets, as reasonably determined by Lender; or (iii) the sequestration or attachment of, or any levy or execution upon any of the Assets, any other collateral provided by Borrower or an Affiliate under any of the Loan Documents, any monies in the Reserves, or any substantial portion of the other assets of Borrower, which sequestration, attachment, levy or execution is not released, expunged or dismissed prior to the earlier of forty-five (45) days or the sale of the assets affected thereby; or
Liens, Attachment; Condemnation. The (i) filing of any claim or lien against the Property or the Development, or any part thereof and the continuance of the claim for lien for twenty (20) days after Borrower receives actual notice thereof without discharge, satisfaction or provision for payment being made to the satisfaction of the Department; (ii) condemnation, seizure or appropriation of, or the occurrence of an uninsured casualty with respect to, any material portion of the Property or the Development, such materiality to be determined by the Department in its sole and absolute discretion or; (iii) sequestration or attachment of, assignment by Borrower for the benefit of its creditors of, or any levy or execution upon, the Property, the Development, other collateral provided by Borrower under any of the Loan Documents, monies in either of the account established pursuant to paragraph 21 hereof or the account established as required in the Regulatory Agreement for the deposit of operating income, or substantial portion of the other assets of Borrower, which is not released, expunged or dismissed prior to the earlier of sixty (60) days after sequestration, attachment or execution or the sale of the assets affected thereby.
Liens, Attachment; Condemnation. (i) The filing of any claim of ------------------------------- lien against the Leasehold Interest or Improvements or the service on Lender of any bonded stop notice relating to the Loan and the continuance of the claim of lien or bonded stop notice for twenty (20) days without discharge, satisfaction or provision for payment being made in accordance with Section 4.09; or (ii) the ------------ condemnation, seizure or appropriation of, or occurrence of an uninsured casualty with respect to any material, as determined by Lender in its sole and absolute discretion, portion of the Property or Improvements, unless (A) within sixty (60) days after any such condemnation, seizure or appropriation, or occurrence of an uninsured casualty, Borrower submits to Lender a written proposal reasonably satisfactory to Lender for the repair or restoration of the Property or Improvements, as the case may be, using funds provided by Borrower, such that the value of the Leasehold Interest or Improvements, as the case may be, is not materially impaired as a result thereof, and (B) Borrower diligently pursues such repair or restoration to completion in a good and workmanlike manner; or
Liens, Attachment; Condemnation. The recording of any claim of lien against the Property or Project or the service on the Beneficiary of any bonded stop notice and the failure to discharge, satisfy or make provision, satisfactory to the Beneficiary’s sole and absolute discretion, for payment of such claim of lien or stop notice within twenty (20) days of such recording or service; or
Liens, Attachment; Condemnation. (i) The recording of any claim or Lien (other than a Permitted Lien) against the Equity Interests in a Co-Borrower or the Project or any of the improvements located thereon which are then owned by such Co-Borrower, or the service on the Lender of any bonded stop notice relating to the applicable Project and the continuance of such claim of lien or bonded stop notice for twenty (20) days without discharge, satisfaction, or provision for payment being made by such Co-Borrower or its Affiliate in a manner reasonably satisfactory to the Lender; or (ii) subject to any rebuilding rights contained in the Security Documents, the condemnation, seizure, or appropriation of, or occurrence of an uninsured casualty with respect to any material portion of the applicable Project or any of the improvements located thereon which are then owned by such Co-Borrower; or (iii) the sequestration or attachment of, or any levy or execution upon the applicable Project or any of the improvements located thereon which are then owned by such Co-Borrower, any other Collateral pledged by such Co-Borrower, which sequestration, attachment, levy or execution is not released, expunged or dismissed prior to the later of sixty (60) days or the sale of the assets affected thereby;
Liens, Attachment; Condemnation. (i) The condemnation, seizure or appropriation of any material portion of the Property, or occurrence of an uninsured casualty with respect to any material portion of the Property or Improvements except same shall not be a Default if Borrower provides cash collateral to be held by and pledged to Administrative Agent in an amount reasonably determined by Administrative Agent necessary for the restoration of the Improvements; (ii) the sequestration or attachment of, or any levy or execution upon any material portion of the Property or Improvements, any other material portion of the collateral provided by Borrower or Operating Lessee under any of the Loan Documents, any monies in any Account or any substantial portion of the other assets of Borrower or Operating Lessee, which sequestration, attachment, levy or execution is not released, expunged or dismissed prior to the earlier of thirty (30) days or the sale of the assets affected thereby; or (iii) the recording of any claim of Lien or lien affidavit against material portions of the Property or the Improvements or the giving to Borrower or Operating Lessee of any bonded stop notice relating to the Property or Improvements, the continuance of such claim of lien or bonded stop notice in violation of Section 4.9; or
Liens, Attachment; Condemnation. The (i) filing of any claim or lien against the Property or the Development, or any part thereof and the continuance of the claim for lien for twenty (20) days after Borrower receives actual notice thereof without discharge, satisfaction or provision for payment being made to the satisfaction of the Department; (ii) condemnation, seizure or appropriation of, or the occurrence of an uninsured casualty with respect to, any material portion of the Property or the Development, such materiality to be determined by the Department in its sole and absolute discretion or; (iii) sequestration or attachment of, assignment by Borrower for the benefit of its creditors of, or any levy or execution upon, the Property, the Development, other collateral provided by Borrower under any of the Loan Documents, monies in either of the account established pursuant to paragraph 21 hereof, or substantial portion of the other assets of Borrower, which is not released, expunged or dismissed prior to the earlier of sixty (60) days after sequestration, attachment or execution or the sale of the assets affected thereby.
