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11-13-2024 Council Packet
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11-13-2024 Council Packet
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135242345v3 <br /> <br /> <br />14 <br />“Rating Agencies” means Fitch, Inc., Moody’s Investors Service, Inc., or S&P Global <br />Ratings, or any successor entity of the foregoing, or any other nationally recognized statistical <br />rating organization. <br />“Rebatable Arbitrage” is defined in Section 4.10 hereof. <br />“Rebate Analyst” means a certified public accountant, financial analyst or Bond Counsel, <br />or any firm of the foregoing, or financial institution (which may include Fiscal Agent) experienced <br />in making the arbitrage and rebate calculations required pursuant to Section 148 of the Code, <br />selected and retained by Borrower at the expense of Borrower, with the prior written consent of <br />Governmental Lender, to make the rebate computations required under this Funding Loan <br />Agreement and the Project Loan Agreement. <br />“Rebate Fund” means the Rebate Fund established by Fiscal Agent pursuant to Section <br />4.01 hereof. <br />“Rebate Year” means each one-year period that ends at the close of business on the day <br />in the calendar year that is selected by Borrower as indicated in the Tax Certificate. The first and <br />last Rebate Years may be short periods. If no day is selected by Borrower before the earlier of the <br />Maturity Date or the date that is five years after the Delivery Date, each Rebate Year ends on each <br />anniversary of the Delivery Date and on the Maturity Date or date of earlier payment in full of the <br />Governmental Note. <br />“Record of Advances” is defined in Section 2.01(c) hereof. <br />“Requisition” means, with respect to the Project Loan Fund, the requisition in the form of <br />Exhibit E to this Funding Loan Agreement required to be submitted in connection with <br />disbursements from the Project Account and/or the Borrower Equity Account of the Project Loan <br />Fund, and with respect to the Costs of Issuance Fund, the requisition in the form of Exhibit D to <br />this Funding Loan Agreement required to be submitted in connection with disbursements from the <br />Costs of Issuance Fund. <br />“Resolution” means[,collectively,] the resolution[s] adopted by Governmental Lender <br />authorizing the Funding Loan, the Project Loan and the execution and delivery of the Financing <br />Documents to which it is a party. <br />“Responsible Officer” means any officer of Fiscal Agent employed within or otherwise <br />having regular responsibility in connection with the corporate trust department of Fiscal Agent and <br />the trusts created hereunder. <br />“Revenue Fund” means the Revenue Fund established by Fiscal Agent pursuant to Section <br />4.01 hereof. <br />“Revenues” means (a) all payments made with respect to the Project Loan pursuant to the <br />Project Loan Agreement, the Project Note or the Security Instrument, including but not limited to <br />all casualty or other insurance benefits and condemnation awards paid in connection therewith and <br />all payments obtained through the exercise of remedies under the Financing Documents, and (b) <br />all money and securities held by Fiscal Agent in the funds and accounts established pursuant to
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