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05-27-2026 Council Packet
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05-27-2026 Council Packet
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<br />19 <br />199386222v3 <br />“Pledged Revenues” means the amounts pledged under this Funding Loan Agreement to the <br />payment of the principal of, prepayment premium, if any, and interest on the Funding Loan and the <br />Governmental Note, consisting of the following: (i) all income, revenues, proceeds and other amounts to <br />which the Governmental Lender is entitled (other than amounts received by the Governmental Lender with <br />respect to the Reserved Rights) derived from or in connection with the Funding Loan Documents, including <br />all Borrower payments due under the Borrower Loan Agreement and the Borrower Note and all amounts <br />obtained through the exercise of the remedies provided in the Funding Loan Documents and all receipts <br />credited under the provisions of this Funding Loan Agreement against said amounts payable, and (ii) <br />moneys held in the funds and accounts established under this Funding Loan Agreement, together with <br />investment earnings thereon. <br />“Project Costs” means the costs, fees, and expenses associated with the acquisition, construction, <br />and equipping of the Project Facilities for use as affordable rental housing including but not limited to the <br />cost of materials, appliances, equipment, and other items of tangible personal property, the fees and <br />expenses of architects, contractors, engineers, attorneys, accountants, developers, surveyors, payment of <br />capitalized interest, payment of certain costs and expenses incidental to the issuance of the Governmental <br />Note and payment of any other costs shown on the Development Budget. <br />“Project Facilities” means the approximately 106-unit multifamily affordable rental senior <br />housing development and facilities functionally related and subordinate thereto to be located at or about 99 <br />County Road B East, in the City of Little Canada, Minnesota, the acquisition, construction, and equipping <br />of which are being financed by the proceeds of the Funding Loan. <br />“Proposed Budget” shall have the meaning given to such term in Section 6.24 of the Borrower <br />Loan Agreement. <br />“Project Fund” means the fund of that name created pursuant to Section 4.2 of this Funding Loan <br />Agreement. <br />“Punchlist Items” means any items necessary at the time of the issuance of a temporary use and <br />occupancy permit to complete fully the construction of the Project Facilities in accordance with the Plans <br />and Specifications for the Project Facilities, or required for the issuance of a final certificate of occupancy <br />or its equivalent. <br />“Qualified Project Costs” means the actual costs incurred to acquire, construct and equip the <br />Project Facilities which (i) are or were incurred after April 27, 2025, (ii) are (A) chargeable to the Project <br />Facilities’ capital account or would be so chargeable either with a proper election by the Borrower or but <br />for a proper election by the Borrower to deduct such costs, within the meaning of Treasury Regulation <br />Section 1.103-8(a)(l), and if charged or chargeable to the Project Facilities’ capital account are or would <br />have been deducted only through an allowance for depreciation or (B) made for the acquisition of land, to <br />the extent allowed in Section 147(c) of the Code, and (iii) are made exclusively with respect to a “qualified <br />residential rental project” within the meaning of Section 142(d) of the Code. <br />“Rebate Amount” shall have the meaning given to such term in Section 6.10(c) of the Borrower <br />Loan Agreement. <br />“Rebate Analyst” shall have the meaning given to such term in Section 6.10(c) of the Borrower <br />Loan Agreement and shall be reasonably acceptable to the Controlling Person. <br />“Rebate Report” shall have the meaning given to such term in Section 6.10(c) of the Borrower <br />Loan Agreement.
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