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135242345v3 <br /> <br /> <br />15 <br />this Funding Loan Agreement (excluding money or securities designated for deposit into and held <br />in the Costs of Issuance Fund, the Administration Fund and the Rebate Fund), together with all <br />investment earnings thereon. <br />“Security Instrument” is defined in the Recitals of this Funding Loan Agreement. <br />“Securities Act” means the Securities Act of 1933, as amended. <br />“Seller/Servicer” is defined in the Recitals of this Funding Loan Agreement. <br />“Servicing Fee” is defined in the Project Loan Agreement. <br />“Settlement Statement” means the settlement statement prepared by the Title Company <br />and executed by the Borrower setting forth the various funds to be collected and disbursed by the <br />Title Company on the Delivery Date. <br />“Subordination Agreement” means any subordination or intercreditor agreement(s) <br />entered into with respect to any subordinate financing related to the Project, as the same may be <br />amended, supplemented or restated. <br />“Tax Certificate” means the Tax Certificate and Agreement executed by Governmental <br />Lender, Fiscal Agent and Borrower on the Delivery Date. <br />“TEL Regulatory Agreement” means the Regulatory Agreement dated as of December <br />1, 2024 among Governmental Lender, Fiscal Agent and Borrower. <br />“Title Company” means Guaranty Commercial Title, LLC. <br />“Transferee Representations Letter” is defined in Section 2.08 hereof. <br />“Treasury Regulations” is defined in Section 5.07 hereof. <br />“Unassigned Rights” means all of the rights of Governmental Lender and its directors, <br />officers, commissioners, elected officials, attorneys, accountants, employees, agents and <br />consultants to be held harmless and indemnified, to be paid its fees and expenses, to give or <br />withhold consent to amendments, changes, modifications and alterations, to receive notices and <br />the right to enforce such rights. <br />“Uniform Commercial Code” means the Uniform Commercial Code as promulgated in <br />the applicable jurisdiction. <br />“Window Period” means the three (3) consecutive month period prior to the Maturity <br />Date. <br />Section 1.02 Interpretation. The words “hereof,” “herein,” “hereunder,” and other <br />words of similar import refer to this Funding Loan Agreement as a whole and not to any particular <br />Article, Section or other subdivision. References to Articles, Sections, and other subdivisions of <br />this Funding Loan Agreement are to the designated Articles, Sections and other subdivisions of