04-14-2021 Council Packet - Laserfiche WebLink

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13068670v2 9 “Series 2021D Bonds” means the City of Little Canada, Minnesota Subordinate Senior Housing and Healthcare Revenue Bonds (New Harmony Project), Series 2021D, authorized by this Indenture, the Loan Agreement and the Bond Resolution and described in Section 2.01 of this Indenture. “Sinking Fund” means the Sinking Fund established under Section 3.08 hereof, which Sinking Fund may be maintained by the Trustee as part of the Bond Fund. “Special Record Date” for the payment of any Defaulted Interest (as defined in Section 2.05 hereof) on fully registered Bonds means a date fixed by the Trustee pursuant to Section 2.05 hereof. “Subordination Agreement” means the Subordination Agreement, dated as of May 1, 2021, among the Issuer, the Trustee, the Lender, the Borrower and the Guarantor. “Total Principal and Interest Requirements” means, in any fiscal year, the total amount of principal of and interest on any indebtedness of the Corporation, including indebtedness in the form of capitalized leases and installment purchase agreements, with a term (including extensions and renewals) of more than one year, and including any indebtedness represented by Bonds then outstanding, which is to be due and payable in such fiscal year, but excluding any interest expense which has been funded from the proceeds of Bonds or other indebtedness. “Trustee” means the trustee at the time serving as such under the Indenture. “Trust Estate” means the interest of the Issuer in the Loan Agreement assigned under Granting Clause I of the Indenture; the revenues, moneys, investments, contract rights, general intangibles and instruments and proceeds and products and accessions thereof as set forth in Granting Clause II of this Indenture; and additional property held by the Trustee pursuant to Granting Clause III of this Indenture, including the Mortgage. Section 1.02 Characteristics of Certificate or Opinion. Every Certificate or Opinion of Counsel with respect to compliance with a condition or covenant provided for in this Indenture or the Loan Agreement, and except for certificates and opinions given pursuant to Section 2.08 hereof, shall include: (i) a statement that the person or persons making such Certificate or opinion have read such covenant or condition and the definitions herein relating thereto; (ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such Certificate or opinion are based; (iii) a statement that, in the opinion of the signers, they have made or caused to be made such examination or investigation as is necessary to enable them to express an informed opinion as to whether or not such covenant or condition has been complied with; and (iv) a statement as to whether, in the opinion of the signers, such condition or covenant has been complied with. Any Certificate made or given by an officer of the Issuer or the Corporation or by an Independent Engineer, architect, consultant or other person may be based, insofar as it relates to legal matters, upon an Opinion of Counsel, unless such person knows that the Opinion with respect to the matters upon which his Certificate may be based as aforesaid is erroneous, or, in the exercise of reasonable care, should have known that the same was erroneous. Any such Certificate or Opinion of Counsel may be based, insofar as it relates to factual matters, information with respect