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Blooming on Project. refinancing the costs of acquisition of the high school facility at
<br />8201 Park Avenue South,, Bloomington and financing certain improvements to such facility;
<br />Bond Counsel: the firm of Briggs and Morgan, Prol"essionial Asp ociati,0111, Of
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<br />Minneapous, Minnesota or another nationally recognized bond counsiel selected by the City; any
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<br />opinion of Bond Counsel shall be a written opinion on signed by Bond Counsel;
<br />Borrower: Concordia Academy Association of Schools, a Minnesota nonprofit
<br />corporation its successors and assigns, and any surviving, resulting or transferee business entity
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<br />which ma assum.e its obligations in accordance with the provisions of this Agreement',
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<br />Closing: the date of physical delivery of the Note to the Len der
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<br />Code: the Internal Revenue Code of 1986, as amended, and the temporary, final or
<br />proposed regulations promufRated thereunder;
<br />Counsel., an attorney designated by or acceptable to the Lender, duly admitted to practice
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<br />law before the highest court of any state,, an attorney for the Borrower or the City maybe eligiol e
<br />for appointment as Counsel;
<br />the City of Roseville, Minnesota-, its successors and assigns;
<br />Date of Taxabilily: shall have the meaning ascribed to it in Section 4.5(2), hereof;
<br />Determination of "a ahilit : shall have the meaning ascribed to, it in Section 4.5(2)
<br />Eciuipment: any and all machinery, equipment, furniture and other tangible personal
<br />property purchased or to be purchased by the Borrower with the proceeds of the Loan and all
<br />replacements and substitutions therefore,
<br />Event of Default: any of the events described in Section 6.1 hierelof;
<br />Improvements-, *improvements and additions to existing buildings, 'including any
<br />Equipment and tangible personal property, to be constructed or instal led by the Borrower on the
<br />Land. The Project specifically does not 'Include any facilities that may be used as a chapel or
<br />primarily used for religious instruction or worship, which sectarian facilities have been financed
<br />with other funds available to the Borrower and not from Note proiceeds-
<br />Issuance Expenses: shall mean any and all costs and expenses relating to the issuance,
<br />sale and delivery of the Note, including, but not limited to, any fees of the Lendier, all fees and
<br />expenses of legal counsel, financial consultants, feasibility consultants and accountants, any fee
<br />to be paid to the City, Bloomington, the cost of preparation and printing of this Agreement, the
<br />Mortgage, the Security Agreement,, the Resolution, the Pledge Agreement, the Note and all other
<br />related documents, and all other expenses relating to the issuance, sale and delivery of the Note
<br />and any other costs which are treated as "issuance costs" within the meaning of Section 147(g) of
<br />the Code;
<br />2144817v1 2,
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