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reconvene regular meeting: 7:00 pm - Irvine Unified School District

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(I) That the Participant funded its Reserve for Economic Uncertainties for Fiscal<br />

Year 2<strong>00</strong>9-10 in at least the minimum amount recommended, and will fund its Reserve for<br />

Economic Uncertainties for Fiscal Year 2010-11 in at least the minimum amount recommended by<br />

the State Superintendent of Public Instruction; and<br />

(J)<br />

2010-11.<br />

That the Participant will maintain a positive general fund balance in Fiscal Year<br />

Events of Default<br />

Pursuant to each respective Participant’s Note Resolution, if any of the following events occurs, it<br />

is defined as and declared to be and to constitute an “Event of Default” under such Note Resolution:<br />

(A) Failure by the Participant to make or cause to be made the deposits to its Payment<br />

Account or any other payment required to be paid under its Note Resolution on or before the date<br />

on which such deposit or other payment is due and payable;<br />

(B) Failure by the Participant to observe and perform any covenant, condition or<br />

agreement on its part to be observed or performed under its Note Resolution, for a period of thirty<br />

(30) days after written notice, specifying such failure and requesting that it be remedied, is given to<br />

the Participant by the Trustee, unless the Trustee shall agree in writing to an extension of such<br />

time prior to its expiration;<br />

(C) Any warranty, representation or other statement by or on behalf of the Participant<br />

contained in its Note Resolution, its Pricing Confirmation, the Participant Certificate or in any<br />

requisition or any Financial Report or Deficiency Report delivered by the Participant or in any<br />

instrument furnished in compliance with or in reference to its Note Resolution or in connection<br />

with its Note, is false or misleading in any material respect;<br />

(D) A petition is filed against the Participant under any bankruptcy, reorganization,<br />

arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction,<br />

whether now or hereafter in effect and is not dismissed within thirty (30) days after such filing, but<br />

the Trustee shall have the right to intervene in the proceedings prior to the expiration of such thirty<br />

(30) days to protect its and the related Noteholders’ interests;<br />

(E) The Participant files a petition in voluntary bankruptcy or seeking relief under any<br />

provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt,<br />

dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to<br />

the filing of any petition against it under such law; and<br />

(F) The Participant admits insolvency or bankruptcy or is generally not paying its<br />

debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the<br />

benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of<br />

the Participant or any of its property is appointed by court order or takes possession thereof and<br />

such order remains in effect or such possession continues for more than thirty (30) days, but the<br />

Trustee shall have the right to intervene in the proceedings prior to the expiration of such thirty<br />

(30) days to protect its and the Noteholders’ interests.<br />

10<br />

Page 165<br />

22314.4 033985 POS

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