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Attachment B intercompany profits resulting from members of an affiliated group (within the meaning of Section 1504 of the Code) participating in the acquisition, construction or development of the Project or payments received by such affiliate due to early completion of the Project (or any portion thereof). ÐCost of Issuance FundÑ means the Cost of Issuance Fund established by the Fiscal Agent pursuant to Section 4.01 hereof. ÐCosts of IssuanceÑ means, as applicable, (i) the fees (excluding ongoing fees), costs and expenses of (a) the Governmental Lender, the Governmental LenderÓs counsel and the Governmental LenderÓs municipal advisor, (b) Bond Counsel, (c) the Fiscal Agent and the Fiscal AgentÓs counsel, (d) the Initial Funding Lender and the Initial Funding LenderÓs counsel (e) the Freddie Mac Seller/Servicer and the Freddie Mac Seller/ServicerÓs counsel, (f) Freddie Mac and Freddie MacÓs counsel, and (g) the BorrowerÓs counsel attributable to the funding of the Loans and the BorrowerÓs financial advisor, if any, and (ii) all other fees, costs and expenses directly associated with the Funding Loan and the Project Loan, including, without limitation, printing costs, costs of reproducing documents, filing and recording fees. ÐCosts of Issuance DepositÑ means the deposit to be made by the Borrower with the Fiscal Agent on the Delivery Date, which deposit shall equal $0.00. Ð Default Rate Ñ means (a) during the Construction Phase, an interest rate equal to the lower of (i) six percent (6%) per annum above the Construction Phase Interest Rate or (ii) the Maximum Interest Rate, and (b) during the Permanent Phase, an interest rate equal to the lower of (i) four percent (4%) per annum above the Permanent Phase Interest Rate or (ii) the Maximum Interest Rate. ÐDelivery DateÑ means June ___, 2020, the date of funding of the initial advance of the Funding Loan and the delivery of the Governmental Note by the Governmental Lender to the Initial Funding Lender. Ð Determination of Taxability Ñ means, with respect to the Governmental Note, (a) a determination by the Commissioner or any District Director of the Internal Revenue Service, (b) a private ruling or Technical Advice Memorandum issued by the National Office of the Internal Revenue Service, (c) a determination by any court of competent jurisdiction, (d) the enactment of legislation or (e) receipt by Fiscal Agent or Funding Lender Representative, at the request of Governmental Lender, Borrower, Fiscal Agent or Funding Lender Representative, of an opinion of Bond Counsel, in each case to the effect that the interest on the Governmental Note is includable in gross income for federal income tax purposes of the Funding Lender or any former Funding Lender other than a Funding Lender who is a Ðsubstantial userÑ of the Project or a Ðrelated personÑ (as such terms are defined in Section 147(a) of the Code); provided, however, that no such Determination of Taxability under clause (a) or (c) shall be deemed to have occurred if the Governmental Lender (at the sole expense of the Borrower) or the Borrower is contesting such determination, has elected to contest such determination in good faith and is proceeding with all applicable dispatch to prosecute such contest until the earliest of (i) a final determination from which no appeal may be taken with respect to such determination, (ii) abandonment of such appeal by the Governmental Lender or the Borrower, as the case may be, or (iii) one year from the date of initial determination. 7 12502516v3