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<br />“Impositions” means, with respect to the Project Facilities, all taxes including, without limitation,
<br />all real and personal property taxes, water charges and sewer rents, any special assessments, charges or
<br />claims and any other item which at any time may be or become a lien upon the Project Facilities.
<br />“Improvements” means all buildings and other improvements included in the Project Facilities.
<br />“Indebtedness” means, collectively, and includes all present and future indebtedness, liabilities
<br />and obligations of any kind or nature whatsoever of the Borrower to the Governmental Lender, the
<br />Controlling Person, the Funding Lender or to the Noteowners from time to time, now existing and hereafter
<br />arising, under or in connection with this Funding Loan Agreement or any of the other Funding Loan
<br />Documents [or any of the Subordinate Debt Documents], including future advances, principal, interest,
<br />indemnities, other fees, late charges, enforcement costs and other costs and expenses whether direct or
<br />contingent, matured or unmatured and all other obligations of the Borrower to the Controlling Person, the
<br />Funding Lender, the Governmental Lender or the Noteowners from time to time of the Governmental Note.
<br />“Indemnified Parties” shall have the meaning given to such term in Section 2.5 of the Borrower
<br />Loan Agreement.
<br />“Insurance Proceeds” means the total proceeds of insurance actually paid or payable by an
<br />insurance company in respect of the required insurance on the Project Facilities, less the actual costs
<br />incurred, including attorneys’ fees, in the collection of such proceeds.
<br />“Investor Limited Partner” means R4 LCMN Acquisition LLC, a Delaware limited liability
<br />company, and its successors and assigns in such capacity pursuant to the Partnership Agreement.
<br />“Investor Letter” means that certain Investor Letter, substantially in the form attached hereto as
<br />Exhibit B.
<br />“Land Use Restriction Agreement” means the Regulatory Agreement, dated as of June 1, 2022,
<br />between the Governmental Lender, the Fiscal Agent, and the Borrower, as the same may be amended,
<br />modified or supplemented from time to time.
<br />“Lease” shall have the meaning assigned to such term in the Mortgage.
<br />“Legal Requirements” means all statutes, codes, laws, ordinances, regulations, rules, policies, or
<br />other federal, state, local and municipal requirements of any Governmental Authority whether now or
<br />hereafter enacted or adopted, and all judgments, decrees, injunctions, writs, orders or like action of an
<br />arbitrator or a court or other Governmental Authority of competent jurisdiction (including those pertaining
<br />to health, safety or the environment).
<br />“Lien” means any lien, mortgage, security interest, tax lien, pledge, encumbrance, conditional sale
<br />or title retention arrangement, or any other interest in property designed to secure the repayment of
<br />indebtedness, whether arising by agreement or under any statute or law, or otherwise.
<br />“Local Time” means eastern time (daylight or standard, as applicable) in New York, New York.
<br />“Major Contract” shall mean any subcontract for labor or materials, or both, in connection with
<br />the Improvements which is for an aggregate contract price equal to or greater than $250,000, whether
<br />pursuant to one contract or agreement or multiple contracts or agreements, after taking into account all
<br />change orders.
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