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135242345v3 <br /> <br /> <br />4 <br />“Advance Request” means a request by Borrower to Initial Funding Lender that Initial <br />Funding Lender disburse proceeds of the Funding Loan to Fiscal Agent as provided hereunder, <br />which request shall be in the form prescribed by the Construction Continuing Covenant <br />Agreement. <br />“Advance Termination Date” means the earliest to occur of (a) the date when the sum of <br />the aggregate advances of the Funding Loan made by Initial Funding Lender equals the Authorized <br />Amount, (b) the date that is [four?] years after the Delivery Date, (c) the Conversion Date, (d) the <br />date of a Determination of Taxability or (e) the occurrence of an Event of Default hereunder. <br />“Assignment” means the Assignment of Security Documents dated as of the Delivery Date <br />by Governmental Lender assigning its interest in the Security Instrument to Fiscal Agent, for the <br />benefit of the Funding Lender. <br />“Authorized Amount” means $25,820,000, the maximum aggregate principal amount of <br />the Funding Loan authorized under this Funding Loan Agreement. <br />“Authorized Officer” means (a) when used with respect to Governmental Lender, the City <br />Administrator of Governmental Lender and such additional Person or Persons, if any, duly <br />designated by Governmental Lender in writing to act on its behalf, (b) when used with respect to <br />Borrower, any [OFFICER TITLE] of Borrower and such additional Person or Persons, if any, duly <br />designated by Borrower in writing to act on its behalf, (c) when used with respect to Fiscal Agent, <br />any authorized signatory of Fiscal Agent, or any Person who is authorized in writing to take the <br />action in question on behalf of Fiscal Agent, (d) when used with respect to Loan Servicer, any <br />Person or Persons duly designated by Loan Servicer in writing to act on its behalf, and (e) when <br />used with respect to Funding Lender Representative, any Person who is authorized in writing to <br />take the action in question on behalf of Funding Lender Representative. <br />“Bankruptcy Code” means the United States Bankruptcy Code, 11 U.S.C. Section 101 et <br />seq., as amended from time to time. <br />“Bond Counsel” means (a) on the Delivery Date, the law firm or law firms delivering the <br />approving opinion(s) with respect to the Governmental Note, or (b) any other firm of attorneys <br />selected by Governmental Lender that is experienced in matters relating to the issuance of <br />obligations by states and their political subdivisions that is listed as municipal bond attorneys in <br />The Bond Buyer’s Municipal Marketplace and is acceptable to Funding Lender Representative. <br />“Borrower” means the entity identified as “Borrower” in the Recitals of this Funding Loan <br />Agreement, together with any of its permitted successors and assigns, as owner of the Project. <br />“Borrower Equity Account” means the Borrower Equity Account of the Project Loan <br />Fund established by Fiscal Agent pursuant to Section 2.11 hereof. <br />“Borrower Equity Deposit” means $[________], which shall be comprised of sources <br />other than the proceeds of the Project Loan. <br />“Business Day” means any day other than a Saturday, a Sunday, or any other day on which <br />Fiscal Agent, Funding Lender or the national banking associations are not open for business.