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Attachment B <br />Ð Actual Project Loan Amount Ñ has the meaning set forth in the Construction Phase <br />Financing Agreement. <br />Ð Administration Fund Ñ means the Administration Fund established by the Fiscal Agent <br />pursuant to Section 4.01 hereof. <br />Ð Advance Request Ñ shall mean a request by the Borrower to the Initial Funding Lender that <br />the Initial Funding Lender whether directly or acting by and through Financial Monitor either (i) <br />approve a disbursement from the Project Account by Fiscal Agent to the Title Company for further <br />disbursement in accordance with the Disbursing Agreement or (ii) disburse additional proceeds of <br />the Funding Loan to the Fiscal Agent as provided hereunder, which request shall be in the form <br />prescribed by the Construction Continuing Covenant Agreement. <br />Ð Advance Termination Date Ñ means the earliest to occur of (i) the date when the sum of <br />the aggregate advances of the Funding Loan made by the Initial Funding Lender equals the <br />Authorized Amount, (ii) the date that is three years after the Delivery Date, (iii) the Conversion <br />Date, (iv) the date of a Determination of Taxability, or (v) the occurrence of an Event of Default <br />hereunder. <br />Ð Assignment Ñ means the Assignment of Mortgage, Security Agreement and Fixture <br />Financing Statement and Assignment of Leases and Rents, dated as of the date hereof, by the <br />Governmental Lender assigning its interest in the Security Instrument to the Fiscal Agent. <br />Ð Authorized Amount Ñ shall mean $34,000,000, the maximum principal amount of the <br />Funding Loan authorized under this Funding Loan Agreement. <br />ÐAuthorized OfficerÑ means (a) when used with respect to the Governmental Lender, the <br />Mayor, City Manager and City Finance Director and such additional Person or Persons, if any, <br />duly designated by the Governmental Lender in writing to act on its behalf, (b) when used with <br />respect to the Borrower, any general partner of the Borrower and such additional Person or <br />Persons, if any, duly designated by the Borrower in writing to act on its behalf, (c) when used with <br />respect to the Fiscal Agent, any authorized signatory of the Fiscal Agent, or any Person who is <br />authorized in writing to take the action in question on behalf of the Fiscal Agent, (d) when used <br />with respect to the Servicer, any Person or Persons duly designated by the Servicer in writing to <br />act on its behalf, (e) when used with respect to the Funding Lender Representative, any Person <br />who is authorized in writing to take the action in question on behalf of the Funding Lender <br />Representative, and (f) when used with respect to the Financial Monitor, any Person or Persons <br />duly designated by the Financial Monitor in writing to act on its behalf. <br />ÐBankruptcy CodeÑ means Title 11 of the United States Code entitled ÐBankruptcy,Ñ as <br />now and hereafter in effect, or any successor federal statute. <br />ÐBond CounselÑ means (a) on the Delivery Date, the law firm or law firms delivering the <br />approving opinion(s) with respect to the Governmental Note, or (b) any other firm of attorneys <br />selected by the Governmental Lender that is experienced in matters relating to the issuance of <br />obligations by states and their political subdivisions that is listed as municipal bond attorneys in <br />The Bond BuyerÓs Municipal Marketplace and is acceptable to the Funding Lender Representative. <br /> 4 <br />12502516v3 <br /> <br />