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corrected but not within the applicable period, that <br />failure shall not constitute an Event of Default so <br />long as the Company institutes curative action within <br />the applicable period and diligently pursues that <br />action to completion; <br /> <br /> (d) The Company shall: (i) admit in writing its <br />inability to pay its debts generally as they become <br />due; (ii) have an order for relief entered in any case <br />commenced by or against it under the federal bankrupt- <br />cy laws, as now or hereafter in effect; (iii) commence <br />a proceeding under any other federal or state bank- <br />ruptcy, insolvency, reorganization or similar law, or <br />have such a proceedin~ commenced against it and either <br />have an order of insolvency or reorganization entered <br />against it or have the proceeding remain undismissed <br />and unstayed for ninety days; (iv) make an assignment <br />for the benefit of creditors; or (v) have a receiver <br />or trustee appointed for it or for the whole or any <br />substantial part of its property; <br /> <br /> (e) Any representation or warranty made by the <br />Company herein or any statement in any report, certi- <br />ficate, financial statement or other instrument fur- <br />nished in connection with this Agreement or with the <br />purchase of the Original Bonds or the Pro3ect Bonds <br />shall at any time prove to have been false or mislead- <br />lng in any material respect when made or given; <br /> <br /> (f) There shall occur an '"Event of Default" as <br />defined in Section 6.2(c) or (d) of the Mortgage; or <br /> <br /> (g) There shall occur an event of default under <br />the Guaranty, <br /> <br /> Notwithstanding the foregoing, if, by reason of Force Ma3eure, <br />the Company is unable to complete the Pro3ect by the Completion Date, the <br />Company shall not be deemed in default of its obligations under Section 3.1 <br />hereof during the continuance of such inability. However, the Company shall <br />promptly give notice to the Trustee and the Issuer of the existence of an <br />event of Force Ma3eure and shall use its best efforts to remove the effects <br />thereof; provided that the settlement of strikes or other industrial distur- <br />bances shall be entirely within its discretion. <br /> <br />following: <br /> <br />The term Force Ma3eure shall mean, without limitation, the <br /> <br /> (i) acts of God; strikes, lockouts or other <br />industrial disturbances; acts of public enemies; <br />orders or restraints of any kind of the government of <br />the United States of America or of the State or any of <br />their departments, agencies, political subdivisions or <br /> <br />- 15 - <br /> <br /> <br />