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05-27-2026 Council Packet
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05-27-2026 Council Packet
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<br />16 <br />199386222v3 <br />“Mortgage” shall have the meaning given to such term in the recitals to this Funding Loan <br />Agreement. <br />“MSRB” means the Municipal Securities Rulemaking Board established pursuant to Section <br />15B(b)(1) of the Securities Exchange Act of 1934. <br />“Negative Arbitrage Account” shall have the meaning set forth in the Contingency Draw-Down <br />Agreement. <br />“Negative Arbitrage Deposit” shall have the meaning set forth in the Contingency Draw-Down <br />Agreement. <br />“Noteowner” or “owner of the Governmental Note” means the owner, or as applicable, <br />collectively the owners, of the Governmental Note as shown on the registration books maintained by the <br />Fiscal Agent pursuant to Section 2.6(e) of this Funding Loan Agreement. <br />“Obligations” means any and all obligations of the Borrower for the payment of money including <br />without limitation any and all (i) obligations for money borrowed, (ii) obligations evidenced by bonds, <br />debentures, notes, guaranties or other similar instruments, (iii) construction contracts, installment sale <br />agreements and other purchase money obligations in connection with the performance of work, sale of <br />property or rendering of services, (iv) leases evidencing the acquisition of capital assets, (v) obligations <br />under any applicable ground lease, (vi) reimbursement obligations in connection with letters of credit and <br />other credit enhancement facilities, (vii) obligations for unfunded pension liabilities, (viii) guaranties of any <br />such obligation of a third party, and (ix) any such obligations of third parties secured by assets of the <br />Borrower; but excluding obligations under contracts for supplies, services and pensions allocable to current <br />Expenses during the current or future Fiscal Years in which the supplies are to be delivered, the services <br />rendered or the pension paid. <br />“OFAC Violation” shall have the meanings ascribed to such term in Section 6.23 of the Borrower <br />Loan Agreement. <br />“Operating Reserve Fund” means the operating reserve fund created pursuant to Section 8.4 of <br />the Borrower Loan Agreement prior to the occurrence of an Operating Reserve Trigger and thereafter the <br />fund of that name created pursuant to the Funding Loan Agreement. <br />“Operating Reserve Amount” means the amount set forth on the Schedule of Financial Terms. <br />“Operating Reserve Trigger” shall have the meaning ascribed to such term in Section 8.4 of the <br />Borrower Loan Agreement. <br />“Origination Fee” means the origination fee set forth on the Schedule of Financial Terms and <br />payable pursuant to Section 2.2(a) of the Borrower Loan Agreement. <br />“Outside Stabilization Date” means the date by which Stabilization must be achieved as specified <br />on the Schedule of Financial Terms. <br />“Partnership Agreement” means the Amended and Restated Agreement of Limited Partnership <br />of the Borrower, dated as of June 1, 2026, as may be amended, modified or supplemented from time to <br />time.
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