Laserfiche WebLink
13068487v2 <br /> <br /> <br /> 7 <br /> <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. <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 brief <br />statement as to the nature and scope of the examination or investigation upon which the statements <br />or opinions contained in such certificate or opinion are based; (iii) a statement that, in the opinion <br />of the signers, they have made or caused to be made such examination or investigation as is <br />necessary to enable them to express an informed opinion as to whether or not such covenant or <br />condition has been complied with; and (iv) a statement as to whether, in the opinion of the signers, <br />such condition or covenant has been complied with. <br />Any such Certificate made or given by an officer of the Issuer or the Corporation may be <br />based, insofar as it relates to legal matters, upon an Opinion of Counsel, unless such officer knows <br />that the Opinion of Counsel with respect to the matters upon which his Certificate may be based <br />as aforesaid is erroneous, or, in the exercise of reasonable care, should have known that the same <br />was erroneous. Any such Opinion of Counsel may be based (insofar as it relates to factual matters <br />with respect to which is in the possession of the Issuer or the Corporation), upon the Certificate of <br />an officer or officers of the Issuer or the Corporation, unless such counsel knows that the <br />Certificate with respect to the matters upon which his opinion may be based as aforesaid is <br />erroneous, or, in the exercise of reasonable care, should have known that the same was erroneous. <br />Section 1.03 Description of Project. The term “Project” refers to the acquisition, <br />construction, and equipping of a new senior healthcare and housing facility, including <br />approximately 48 skilled nursing beds, 16 transitional skilled nursing beds, 35 independent <br />apartment units, 36 assisted living apartment units, 14 memory care apartment units, and 12 care <br />suite apartment units, to be located at 1534 County Road C East in the City of Maplewood, <br />Minnesota. <br />Section 1.04 Additional Provisions as to Interpretation. All references herein to <br />“Articles”, “Sections” and other subdivisions are to the corresponding Articles, Sections or <br />subdivisions of this Loan Agreement; and the words “herein”, “hereof”, “hereunder” and other <br />words of similar import refer to this Loan Agreement as a whole and not any particular Article, <br />Section or subdivision hereof. <br />Whenever in this Loan Agreement it is provided or permitted that there be deposited with <br />or held in trust by the Trustee money or funds in the necessary amount to pay or redeem any Bonds, <br />the amount so to be deposited or held shall be sufficient to pay the principal amount of such Bonds <br />and all unpaid interest thereon to maturity, except that in the case of Bonds which are to be <br />redeemed prior to maturity and in respect of which there shall have been furnished to the Trustee <br />proof satisfactory to it that notice of such redemption on a specified redemption date has been duly <br />given or provision satisfactory to the Trustee shall be made for such notice, the amount so to be