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135242345v3 11 “Maximum Interest Rate” means the rate of interest which results in the maximum amount of interest allowed by applicable law. “Net Proceeds” when used with respect to any insurance or condemnation award, means the proceeds from the insurance or condemnation award with respect to which that term is used remaining after payment of all reasonable expenses incurred in the collection of such insurance proceeds or condemnation award, including reasonable attorneys’ fees. “New Borrower” is defined in Section 6.12 hereof. “New Project Loan” is defined in Section 6.12 hereof. “Notes” means, together, the Project Note and the Governmental Note. “Organizational Documents” means the Amended and Restated Agreement of Limited Partnership of the Borrower, dated as of [__] 2024, as it may be amended, supplemented or modified. “Permanent Phase” means the permanent phase of the Project Loan, which time period shall commence on the Conversion Date and remain in effect through the remaining term of the Project Loan. “Permanent Phase Interest Rate” means, during the Permanent Phase, the interest rate of [___]% per annum; provided during the continuance of any Event of Default hereunder, the Permanent Phase Interest Rate shall be the Default Rate, in each case computed on the basis of a 360-day year and the actual number of days elapsed. “Person” means any natural person, sole proprietorship, corporation, general partnership, limited partnership, limited liability company, limited liability partnership, limited liability limited partnership, joint venture, association, joint stock company, bank, trust, estate, unincorporated organization, any federal, state, county or municipal government (or any agency or political subdivision thereof), endowment fund or any other form of entity. “Pledged Security” is defined in Section 2.02 hereof. “Pre-Conversion Loan Equalization Payment” means a mandatory prepayment of the Project Loan by Borrower (and corresponding prepayment of the Funding Loan hereunder) prior to Conversion in order to reduce the principal amount of the Project Loan and the Funding Loan to the Actual Project Loan Amount. “Prepayment Premium” means any premium payable hereunder in connection with a prepayment of the Funding Loan, which premium shall be in an amount equal to (a) during the Construction Phase, the amount payable by Borrower under Section [___] of the Project Note and (b) during the Permanent Phase, the amount payable by Borrower under Section 4(d) of the Project Note, in each case in connection with a prepayment of the Project Loan. “Principal Office of Fiscal Agent” means the office of Fiscal Agent referenced in Section 10.04(a) hereof, or such other office or offices as Fiscal Agent may designate in writing from time