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<br /> 2 <br />623340v3SA730-2 <br />ARTICLE I <br /> <br />Definitions <br /> <br /> <br /> Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears <br />from the context: <br /> <br /> “Act” means Minnesota Statutes, Sections 469.001 to 469.047, as amended. <br /> <br />“Affiliate” means with respect to any entity (a) any corporation, partnership, limited <br />liability company or other business entity or person controlling, controlled by or under common <br />control with the entity, and (b) any successor to such party by merger, acquisition, reorganization <br />or similar transaction involving all or substantially all of the assets of such party (or such <br />Affiliate). For the purpose hereof the words “controlling”, “controlled by” and “under common <br />control with” shall mean, with respect to any corporation, partnership, limited liability company <br />or other business entity, the ownership of fifty percent or more of the voting interests in such <br />entity or possession, directly or indirectly, of the power to direct or cause the direction of <br />management policies of such entity, whether through ownership of voting securities or by <br />contract or otherwise. <br /> <br /> “Agreement” means this Agreement, as the same may be from time to time modified, <br />amended, or supplemented. <br /> <br /> “Authority” means the Housing and Redevelopment Authority of St. Anthony, Minnesota. <br /> <br /> “Authority Representative” means the Executive Director of the Authority, or any person <br />designated by the Executive Director to act as the Authority Representative for the purposes of this <br />Agreement. <br /> <br /> “Authorizing Resolution” means the resolution of the Authority, substantially in the form of <br />attached Schedule B to be adopted by the Authority to authorize the issuance of the Note. <br /> <br /> “Available Tax Increment” has the meaning provided in the Authorizing Resolution. <br /> <br /> “Business Day” means any day except a Saturday, Sunday, legal holiday, a day on which <br />the City is closed for business, or a day on which banking institutions in the City are authorized by <br />law or executive order to close. <br /> <br />“Business Subsidy Act” means Minnesota Statutes, Sections 116J.993 to 116J.995, as <br />amended. <br /> <br /> “Certificate of Occupancy” means the certification provided to the Redeveloper in <br />connection with any Phase of the Minimum Improvements, pursuant to Section 4.4 of this <br />Agreement. <br />