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05-13-2020 Council Packet
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05-13-2020 Council Packet
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12316306v3 <br />-7- <br />to which his/her Certificate or opinion relates (other than payment to be received for professional <br />services rendered), and (iii) is not connected with the Issuer or the Borrower as a commissioner <br />or an officer, director or employee. <br />"Independent Counsel" means an Independent attorney duly admitted to practice law <br />before the highest court of any state. <br />"Independent Engineer" means an Independent engineer or engineering firm or an <br />Independent architect or architectural firm selected by the Borrower qualified to practice the <br />profession of engineering or architecture under the laws of Minnesota. <br />"Installment Computation Date" shall have the meaning set forth in Treasury Regulation <br />§1.148-3(e)(1). <br />"Interest Payment Date" means each May 1 and November 1, commencing November 1, <br />2020. <br />"Internal Revenue Code" means the Internal Revenue Code of 1986, as amended. <br />"Issuer" or "City" means City of Little Canada, a municipal corporation of the State of <br />Minnesota, its successors and assigns. <br />"Land" means the land and interests in land constituting the site of the Project Buildings, <br />as described in Exhibit A to the Mortgage, subject to the provisions of Section 5.08 of the Loan <br />Agreement providing for the release of real property. <br />"Letter of Representations" means the Blanket Letter of Representations between the <br />Depository and the Issuer and any amendments or supplements thereto. <br />"Limited Guaranty" means the Limited Guaranty Agreement of even date herewith from <br />the Guarantor to the Trustee, as the same may be amended from time to time in accordance with <br />the provisions of this Indenture. <br />"Loan Agreement" means the Loan Agreement of even date herewith, between the Issuer <br />and the Borrower, as amended or supplemented from time to time. <br />"Loan Repayments" means the payments made or to be made by the Borrower pursuant <br />to Section 4.02 of the Loan Agreement. <br />"Mortgage" means the [Amended and Restated] Combination Mortgage, Security <br />Agreement, Fixture Financing Statement and Assignment of Leases and Rents of even date <br />herewith from the Borrower to the Trustee, and all amendments and supplements thereto. <br />"Mortgaged Property" means the property subject to the lien of the Mortgage, as <br />described therein. <br />"Net Proceeds" means, when used with respect to proceeds of insurance or a <br />condemnation award, moneys received or receivable by the Borrower as owner or the Trustee as
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