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<br />longer perform the functions of a securities rating agency, “Fitch” shall be deemed to refer to any other
<br />nationally recognized securities rating agency designated by the Controlling Person, by notice to the
<br />Borrower, the Governmental Lender and the Funding Lender.
<br />“Force Majeure” means any acts of God, strikes, walkouts or other labor disputes, riots, civil
<br />strife, war, acts of a public enemy, lightning, fires, explosions, storms or floods or shortages of labor or
<br />materials or other causes of a like nature beyond the control of the Borrower; provided, however, that the
<br />unavailability of sources of financing, the insufficiency of funds, the loss of a tenant or changes in market
<br />conditions shall not constitute Force Majeure.
<br />“Funding Lender” shall have the meaning given to such term in the first paragraph of this Funding
<br />Loan Agreement.
<br />“Funding Loan” shall have the meaning given to such term in the first paragraph of this Funding
<br />Loan Agreement.
<br />“Funding Loan Agreement” shall have the meaning given to such term in the first paragraph
<br />hereof.
<br />“Funding Loan Documents” means, collectively, the Governmental Note, this Funding Loan
<br />Agreement, the Borrower Loan Agreement, the Borrower Note, the Land Use Restriction Agreement, the
<br />Tax Certificate, the Mortgage, the Governmental Lender Assignment, the Environmental Indemnity, the
<br />Assignment of Management Agreement and Consent, the Replacement Reserve Agreement, the
<br />Assignment of Project Documents, the General Partner Pledge, the Developer Fee Pledge, the Assignment
<br />of Capital Contributions, the Subordination Agreement, the Guaranty of Recourse Obligations, the
<br />Guaranty of Debt Service and Stabilization and the Guaranty of Completion, and all other agreements or
<br />instruments relating to, or executed in connection with the issuance and delivery of the Governmental Note,
<br />including all modifications, amendments or supplements thereto.
<br />“Funding Loan Fund” means the fund of that name created pursuant to Section 4.2 of this Funding
<br />Loan Agreement.
<br />“Funding Loan Proceeds Account” means the account of that name created pursuant to Section
<br />4.2 of this Funding Loan Agreement.
<br />“GAAP” means generally accepted accounting principles in effect in the United States from time
<br />to time, consistently applied.
<br />“General Partner” means Twin Lake GP LLC, a limited liability company authorized to conduct
<br />its business in the State, the general partner of the Borrower, together with its successors and assigns, as
<br />permitted by the Controlling Person and the restrictions described in the definition of “Permitted Transfer”
<br />herein.
<br />“General Partner Pledge” means the Limited Guaranty, Pledge of Partnership Interests and
<br />Security Agreement, dated the date hereof, by the General Partner, in favor of the Funding Lender.
<br />“Government Obligations” means (i) direct obligations of the United States of America for the
<br />full and timely payment of which the full faith and credit of the United States of America is pledged, and
<br />(ii) obligations issued by a Person controlled or supervised by and acting as an instrumentality of the United
<br />States of America, the full and timely payment of the principal of, premium, if any, and interest on which
<br />is fully guaranteed as a full faith and credit obligation of the United States of America (including any
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