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Attachment B <br />its consequences if the Governmental Lender or the Borrower shall pay to or deposit with the <br />Fiscal Agent a sum sufficient to pay all principal on the Funding Loan then due (other than solely <br />by reason of such declaration) and all unpaid installments of interest (if any) on the Funding Loan <br />then due, with interest at the rate borne by the Funding Loan on such overdue principal and (to the <br />extent legally enforceable) on such overdue installments of interest, and the reasonable fees and <br />expenses of the Fiscal Agent (including its counsel) shall have been made good or cured or <br />adequate provision shall have been made therefor, and all outstanding amounts then due and <br />unpaid under the Financing Documents (collectively, the Ð Cure Amount Ñ) shall have been paid <br />in full, and all other defaults hereunder shall have been made good or cured or waived in writing <br />by the Funding Lender Representative; but no such rescission and annulment shall extend to or <br />shall affect any subsequent default, nor shall it impair or exhaust any right or power consequent <br />thereon. <br />Upon the occurrence and during the continuance of an Event of Default, the Fiscal Agent <br />in its own name and as trustee of an express trust, on behalf and for the benefit and protection of <br />the Funding Lender, may also proceed to protect and enforce any rights of the Fiscal Agent and, <br />to the full extent that the Funding Lender itself might do, the rights of the Funding Lender under <br />the laws of the State or under this Funding Loan Agreement by such of the following remedies as <br />the Fiscal Agent shall deem most effectual to protect and enforce such rights; provided that, the <br />Fiscal Agent may undertake any such remedy only upon the receipt of the prior written consent of <br />the Funding Lender Representative (which consent may be given in the sole and absolute <br />discretion of the Funding Lender Representative): <br />(i) by mandamus or other suit, action or proceeding at law or in equity, to <br />enforce the payment of the principal of, Prepayment Premium, if any, or interest on the <br />Funding Loan and to require the Governmental Lender to carry out any covenants or <br />agreements with or for the benefit of the Funding Lender and to perform its duties under <br />the Act, this Funding Loan Agreement, the Project Loan Agreement or the Tax Regulatory <br />Agreement (as applicable) to the extent permitted under the applicable provisions thereof; <br />(ii) by pursuing any available remedies under the Project Loan Agreement, the <br />Tax Regulatory Agreement or any other Financing Document; <br />(iii) by realizing or causing to be realized through sale or otherwise upon the <br />security pledged hereunder; and <br />(iv) by action or suit in equity enjoin any acts or things that may be unlawful or <br />in violation of the rights of the Funding Lender and execute any other papers and <br />documents and do and perform any and all such acts and things as may be necessary or <br />advisable in the opinion of the Fiscal Agent in order to have the claim of the Funding <br />Lender against the Governmental Lender allowed in any bankruptcy or other proceeding. <br />No remedy by the terms of this Funding Loan Agreement conferred upon or reserved to <br />the Fiscal Agent or to the Funding Lender is intended to be exclusive of any other remedy, but <br />each and every such remedy shall be cumulative and shall be in addition to any other remedy given <br />to the Fiscal Agent or the Funding Lender hereunder or under the Project Loan Agreement, the <br />Tax Regulatory Agreement, the Continuing Covenant Agreement or any other Financing <br /> 41 <br />12502516v3 <br /> <br />