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05-13-2020 Council Packet
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05-13-2020 Council Packet
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12316323v3 <br />8 <br />"Reserve Requirement" means, whenever used with respect to the Reserve Fund for the <br />Series 2020 Bonds, an amount equal to $_____________. <br />"Responsible Officer" means, when used with respect to the trustee, any officer within <br />the corporate trust department of the Trustee, including any vice president, assistant vice <br />president, assistant secretary, assistant treasurer, trust officer or any other officer of the trustee <br />who customarily performs functions similar to those performed by the persons who at the time <br />shall be such officers, respectively, or to whom any corporate trust matter is referred because of <br />such person's knowledge of and familiarity with the particular subject and who shall have direct <br />responsibility for the administration of the Indenture. <br />"Series 2020 Bonds" means the City of Little Canada, Minnesota, Senior Housing and <br />Health Care Facilities Revenue Bonds (Langton Shores Project), Series 2020, authorized under <br />the Indenture. <br />"Sinking Fund" means the Sinking Fund established under Section 3.08 of the Indenture. <br />"Title Company" means First American Title Insurance Company. <br />"Total Principal and Interest Requirements" means, in any fiscal year, the total amount of <br />principal of and interest on any indebtedness of the Borrower, including indebtedness in the form <br />of capitalized leases and installment purchase agreements, with a term (including extensions and <br />renewals) of more than one year, and including any indebtedness represented by Bonds then <br />outstanding, which is to be due and payable in such fiscal year, but excluding any interest <br />expense which has been funded from the proceeds of the Bonds or other indebtedness. <br />"Trustee" means the trustee at the time serving as such under the Indenture. <br />"Trust Estate" means the interest of the Issuer in this Loan Agreement assigned under <br />Granting Clause I of the Indenture; the revenues, moneys, investments, contract rights, general <br />intangibles and instruments and proceeds and products and accessions thereof as set forth in <br />Granting Clause II of the Indenture; and additional property held by the Trustee pursuant to <br />Granting Clause III of the Indenture, including the Mortgage and the Limited Guaranty. <br />Section 1.02 Characteristics of Certificate or Opinion. Every certificate or opinion with <br />respect to compliance with a condition or covenant provided for in the Indenture or this Loan <br />Agreement, shall include: (i) a statement that the person or persons making such certificate or <br />opinion have read such covenant or condition and the definitions herein relating thereto; (ii) a <br />brief statement as to the nature and scope of the examination or investigation upon which the <br />statements or opinions contained in such certificate or opinion are based; (iii) a statement that, in <br />the opinion of the signers, they have made or caused to be made such examination or <br />investigation as is necessary to enable them to express an informed opinion as to whether or not <br />such covenant or condition has been complied with; and (iv) a statement as to whether, in the <br />opinion of the signers, such condition or covenant has been complied with. <br />Any such Certificate made or given by an officer of the Issuer or the Borrower may be <br />based, insofar as it relates to legal matters, upon an Opinion of Counsel, unless such officer <br />knows that the Opinion of Counsel with respect to the matters upon which his Certificate may be
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