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(n) The termination, repudiation or ineffectiveness of the Account Control <br /> Agreement other than in strict compliance with the terms thereof and/or failure by the <br /> Borrower to replenish the balance therein within 60 days of any deficiency therein.; <br /> (o) The Borrower loses its accreditation from the Higher Learning <br /> Commission; or <br /> (m) The Borrower fails to make the deposits to the Collateral Fund required by <br /> Section 2.20 hereof. <br /> The Borrower hereby agrees to provide notice to the Trustee and the City of any event <br /> described in subsections (d) - (g) and (i) - (m) above. Unless the Trustee has been notified in <br /> writing by the City, the Owner or the Beneficial Owner of an event of default described in <br /> subsection (c), the Trustee shall not be deemed to have notice of such event. <br /> Section 4.02. Remedies. During the continuance of any such event of default and subject <br /> to the provisions of Section 4.01 hereof, the City may pursue the following remedies, in addition <br /> to any other remedies provided for by law: <br /> (a) Acceleration of Maturity; Waiver of Event of Default and Rescission of <br /> Acceleration. The Trustee may, or upon the written direction of the Majority Holders, <br /> shall,by written notice to the Borrower, declare the principal of the Series 2026A Note (if <br /> not then due and payable) and the interest accrued thereon to be due and payable <br /> immediately, and upon any such declaration the principal of the Series 2026A Note and <br /> the interest accrued thereon shall become and be immediately due and payable, anything <br /> in the Series 2026A Note or in this Loan Agreement contained to the contrary <br /> notwithstanding. This provision, however, is subject to the condition that if, at any time <br /> after the principal of the Series 2026A Note and the interest accrued thereon shall have <br /> been so declared and become due and payable, all arrears of principal of and interest, if <br /> any, upon the Series 2026A Note and the expenses of the City and/or the Trustee shall be <br /> paid by the Borrower, and every other default in the observance or performance of any <br /> covenant, condition or agreement in the Series 2026A Note or in this Loan Agreement <br /> contained shall be made good,or be secured,to the satisfaction of the Trustee, or provision <br /> deemed by the Trustee to be adequate shall be made therefor, then and in every such case <br /> the Trustee by by written notice to the Borrower may at its option waive the event of default <br /> by reason of which the principal of the Series 2026A Note shall have been so declared and <br /> become due and payable,and may rescind and annul such declaration and its consequences; <br /> but no such waiver,rescission or annulment shall extend to or affect any subsequent event <br /> of default or impair any right consequent thereon. <br /> (b) Trustee Powers. The Trustee may pursue all remedies available under the <br /> UCC as secured party with respect to the Trust Estate, and under the Intercreditor <br /> Agreement. The Trustee may also pursue any and all other remedies at law or in equity. <br /> (c) City's Powers. The City, personally or by attorney, may in its discretion <br /> proceed to protect and enforce its rights by suit or suits in equity or at law, whether for the <br /> -25- <br />