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<br />securities described in (i) or (ii) issued or held in book-entry form on the books of the Department of the
<br />Treasury of the United States of America), which obligations, in either case, are not subject to redemption
<br />prior to maturity at less than par at the option of anyone other than the holder thereof.
<br />“Governmental Action” means all permits, authorizations, registrations, consents, certifications,
<br />approvals, waivers, exceptions, variances, claims, orders, judgments and decrees, licenses, exemptions,
<br />publications, filings, and notices to and declarations of or with any Governmental Authority and shall
<br />include all permits and licenses required to construct, use, operate and maintain any of the Project Facilities.
<br />“Governmental Authority” means any federal, state, or local governmental or quasi -
<br />governmental subdivision, authority, or other instrumentality thereof and any entity asserting or exercising
<br />executive, legislative, judicial, regulatory or administrative functions of or pertaining to government and
<br />having jurisdiction over the Borrower and/or the Project Facilities.
<br />“Governmental Lender” shall have the meaning set forth in the first paragraph of this Funding
<br />Loan Agreement.
<br />“Governmental Lender Assignment” means that certain Assignment of Mortgage Documents
<br />dated as of June 1, 2022 from the Governmental Lender to the Fiscal Agent and acknowledged by the
<br />Borrower, as the same may be amended, modified or supplemented from time to time.
<br />“Governmental Lender Fee” means (i) $__________ payable on the Closing Date.
<br />“Governmental Note” shall have the meaning given to such term in the recitals to this Funding
<br />Loan Agreement.
<br />“Guarantor” means, collectively, jointly and severally, the Guarantors identified on the Schedule
<br />of Financial Terms hereto, together with their respective heirs, executors, personal and legal representatives
<br />and permitted successors and assigns.
<br />“Guaranty of Completion” means the Guaranty of Completion, dated as of the date hereof made
<br />by the Guarantor in favor of the Funding Lender.
<br />“Guaranty of Debt Service and Stabilization” means the Guaranty of Debt Service and
<br />Stabilization dated as of the date hereof made by the Guarantor in favor of the Funding Lender.
<br />“Guaranty of Recourse Obligations” means the Guaranty of Recourse Obligations, dated as of
<br />the date hereof, made by the Guarantor in favor of the Funding Lender.
<br />“Hazardous Substances” means (a) petroleum or derivatives thereof or chemical products,
<br />whether in liquid, solid, or gaseous form, or any fraction or by-product thereof, (b) asbestos or
<br />asbestos-containing materials, (c) polychlorinated biphenyls (pcbs), (d) radon gas, (e) underground storage
<br />tanks, (f) any explosive or radioactive substances, (g) lead or lead-based paint, or (h) any other pollutant,
<br />contaminant, substance, material, waste or mixture which is or shall be listed, defined, or otherwise
<br />determined by any governmental authority to be hazardous, toxic, dangerous or otherwise regulated,
<br />controlled or giving rise to liability under any Environmental Laws, including but not limited to Mold,
<br />medical waste and other bio-hazardous materials and any chemicals, pollutants, contaminant, substance,
<br />material, waste or mixture defined as or included in the definition of “hazardous substances” as defined
<br />pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act,
<br />“regulated substances” within the meaning of subtitle I of the federal Resource Conservation and Recovery
<br />Act and words of similar import under applicable Environmental Laws.
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