05-27-2026 Council Packet - Laserfiche WebLink

Home Browse Search

3 199386222v3 “Approving Opinion of Bond Counsel” means any opinion of Bond Counsel delivered pursuant to this Funding Loan Agreement with respect to the excludability of interest on the Governmental Note from gross income of the Noteowners thereof for federal income tax purposes or other matters specified in this Funding Loan Agreement. Each such opinion shall be addressed to the Funding Lender, the Fiscal Agent, the Controlling Person and the Governmental Lender. “Architect” means Pope Associates, Inc. d/b/a Pope Design Group. “Architect’s Agreement” means the Standard Form of Agreement between Owner and Architect AIA Document B101-2017, dated February 24, 2026, between the Borrower and the Architect, providing for the design of the Improvements and the supervision of the construction thereof, including ongoing monthly inspection of the Improvements, certification of Requisitions and certification of final Completion, among other things, as the same may be amended, modified or supplemented from time to time. “Assignment of Capital Contributions” means the Assignment of Capital Contributions, dated the date hereof, by the Borrower for the benefit of the Funding Lender. “Assignment of Management Agreement and Consent” means the Assignment of Management Agreement, dated as of the date hereof, by the Borrower to and for the benefit of the Funding Lender, consented to by the Managing Agent. “Assignment of Project Documents” means the Assignment of Project Documents, dated as of the date hereof, made by the Borrower in favor of the Funding Lender. “Authorized Person” means one or more individuals duly authorized to bind the Borrower in connection with the administration of the Project Facilities. The initial Authorized Person of the Borrower is identified on Exhibit C. Changes to the initial Authorized Persons of the Borrower must submitted pursuant to the form attached hereto at Exhibit C-1. “Authorized Amount” means the amount specified on the Schedule of Financial Terms as the maximum principal amount of the Funding Loan under this Funding Loan Agreement. “Bankruptcy Code” means Title 11 of the United States Code, as amended, and any successor statute or statutes having substantially the same function. “Bond Counsel” means (a) on the Closing Date, Taft Stettinius & Hollister LLP, the law firm delivering the approving opinion(s) with respect to the Governmental Note; or (b) an attorney, or firm of attorneys, nationally recognized and experienced in legal work relating to the financing of facilities through the issuance of tax-exempt governmental bonds, reasonably acceptable to the Government Lender and Controlling Person. “Borrower” shall have the meaning given to such term in the recitals to this Funding Loan Agreement. “Borrower Loan” shall have the meaning given to such term in the recitals to this Funding Loan Agreement. “Borrower Loan Agreement” shall have the meaning given to such term in the recitals to this Funding Loan Agreement.