05-27-2026 Council Packet - Laserfiche WebLink

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11 199386222v3 “Financing Statements” means any and all financing statements (including continuation statements) or other instruments filed or recorded to perfect the Security Interest created in this Funding Loan Agreement. “First Loan Payment Date” shall have the meaning set forth in the Schedule of Financial Terms. “First Monthly Tax and Insurance Escrow Payment Date” shall have the meaning set forth in the Schedule of Financial Terms. “First Optional Call Date” shall have the meaning set forth in the Schedule of Financial Terms. “First Par Call Date” shall have the meaning set forth in the Schedule of Financial Terms. “First Principal Payment Date” shall have the meaning set forth in the Schedule of Financial Terms. “First Put Date” shall have the meaning set forth in the Schedule of Financial Terms. “Fiscal Agent” shall have the meaning given to such term in the first paragraph of this Funding Loan Agreement. “Fiscal Agent Fee” means (i) $_________ payable on the Closing Date, and (ii) an annual fee of $__________ payable [annually in arrears on each __________1]. “Fiscal Year” means the annual accounting year of the Borrower, which currently begins on January 1 of each calendar year. “Fitch” means Fitch, Inc., a corporation organized and existing under the laws of the State of Delaware, its successors and assigns and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, “Fitch” shall be deemed to refer to any other nationally recognized securities rating agency designated by the Controlling Person, by notice to the Borrower, the Governmental Lender and the Funding Lender. “Force Majeure” means any acts of God, strikes, walkouts or other labor disputes, work stoppages, riots, civil strife, war, acts of a public enemy, lightning, fires, explosions, storms or floods or shortages of labor or materials or supply chain constraints or other causes of a like nature beyond the control of the Borrower; provided, however, that the unavailability of sources of financing, the insufficiency of funds, the loss of a tenant or changes in market conditions shall not constitute Force Majeure. “Funding Lender” shall have the meaning given to such term in the first paragraph of this Funding Loan Agreement. “Funding Loan” shall have the meaning given to such term in the first paragraph of this Funding Loan Agreement. “Funding Loan Agreement” shall have the meaning given to such term in the first paragraph hereof. “Funding Loan Documents” means, collectively, the Governmental Note, this Funding Loan Agreement, the Borrower Loan Agreement, the Borrower Note, the Regulatory Agreement, the Tax Certificate, the Mortgage, the Environmental Indemnity, the Assignment of Management Agreement and