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. OEEO R~fOR~S RGtl22Q IK~~~i9~i
vn~~.423 F~~E 924
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(ii) the Trastee shall refuse so to apply said rents becanae s
of a threatened or pending litigation as a result of wluch the ~
Trnstee in good faith considers it may have personal liabilits ;
if it does so apply them, ~ i
then, and in snch event, Continent-~1 agrees that it will promptly :
(a) take or c:ause to be taken such action as may be neces- _
sary to prevent, or nullify the cause of, such interference, snch ?
obligation of such holderB to repay any xmonnt received from
the Trnstee or such possibility of personal liabilitp of the Trus-
tee for applying rents, and
(b) if the action specified iu clause (a) of this- paragraph has
not prevented or nnllified tLe cause of such contingency ~vithin 60
days (or, at Continental's election, at an earlier date), from time
to time pay or canse to be paid to the Trustee amounts, which
Ii shall be considered additional rent, in addition to the rents and ~
i other anma of money payable under the Lease, equal to the
~ amonnt of the rents or other snms of money the payment of
~ which to the Trnstee or the application of which by the Trnstee
~ shall have been interfered with plns, to the egtent permitted by
law, an amonnt auff'icient to pay interest on overdue interest on
; the Notes as well as interest on overdne principal of the Notea to
the eatent therein required in the event that there has been any
delsy in the paymenta of principal and interest on the Notes, and
(c) indemnify the Trustee against any personal liability which .
may arise from applying such rents and the holders of the Notea
~ against any obligation to repay any amount~ received from the
Trnstee.
~ To the eztent that amonnts paid to the Trustee pursuant to this para- .
graph ezceed the amonnte reqnired for application to the Notes, the
~ Trustee shall pay snch eace$s to Continental.
~ 3. If Continental shall determine that the taking of auch action as :
~ ~nay be required of it pnrsuant to parugraph 2 above wonld espose
~ Continental to escessive or nnreasonable riaks or liabilities, Continental
~ may notify the Trustee that it elects to offer to pnrchase the Notes ,
~ from the holders thereof as of a specified date not lesa than 30 and not
~ more than 60 days f rom tlie date of giving such notice to the Trustee, . :
~ and Continental agrees that it will (a) deposit with the Trnstee in a
~ special fnnd not less than 25 days prior to the date specified for snch .
~ purchase an amount suff'icient to purchaae the Notea from the holders • ~
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