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2020_0518_CCPacket
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2020_0518_CCPacket
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1/7/2022 9:35:26 AM
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Roseville City Council
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Council Agenda/Packets
Meeting Date
5/18/2020
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Attachment B <br />ÐStateÑ means the State of Minnesota. <br /> ÐTax CertificateÑ means the Borrower Tax Certificate executed by the Borrower on the <br />Delivery Date with the endorsement of the Governmental Lender. <br />ÐTax Regulatory AgreementÑ means the Amended and Restated Regulatory Agreement, <br />dated as of June 1, 2020, among the Governmental Lender, the Fiscal Agent, and the Borrower, as <br />it may be amended and supplemented from time to time. <br />Ð Title Company Ñ means Commercial Partners Title, LLC, a Minnesota limited liability <br />company. <br />Ð Transferee Representations Letter Ñ has the meaning set forth in Section 2.08 hereof. <br />ÐUnassigned RightsÑ means all of the rights of the Governmental Lender and its directors, <br />officers, members, elected officials, attorneys, accountants, employees, agents and consultants to <br />be held harmless and indemnified, to be paid its fees and expenses, to give or withhold consent to <br />amendments, changes, modifications and alterations, to receive notices and the right to enforce <br />such rights. <br />Ð Window Period Ñ means the three (3) consecutive month period prior to the Maturity Date. <br />Section 1.02 Interpretation. The words Ðhereof,Ñ Ðherein,Ñ Ðhereunder,Ñ and other <br />words of similar import refer to this Funding Loan Agreement as a whole and not to any particular <br />Article, Section or other subdivision. Words of the masculine gender shall be deemed and <br />construed to include correlative words of the feminine and neuter genders. Words importing the <br />singular number shall include the plural number and vice versa unless the context shall otherwise <br />indicate. All accounting terms not otherwise defined herein have the meanings assigned to them <br />in accordance with generally accepted accounting principles as in effect from time to time. <br />References to Articles, Sections, and other subdivisions of this Funding Loan Agreement are to <br />the designated Articles, Sections and other subdivisions of this Funding Loan Agreement as <br />originally executed. The headings of this Funding Loan Agreement are for convenience only and <br />shall not define or limit the provisions hereof. <br />ARTICLE II <br /> <br />THE FUNDING LOAN <br />Section 2.01 Terms. (a) The total principal amount of the Funding Loan is hereby <br />expressly limited to the Authorized Amount. The Funding Loan shall be originated and funded <br />by the Initial Funding Lender to the Governmental Lender in accordance with Section 2.01(b) <br />below. The proceeds of the Funding Loan shall be deposited with the Fiscal Agent and disbursed <br />in accordance with this Funding Loan Agreement, the Construction Continuing Covenant <br />Agreement, and the Disbursing Agreement. The Funding Loan shall be evidenced by the <br />Governmental Note and shall bear interest and be paid in accordance with the payment terms set <br />forth in the Governmental Note and this Funding Loan Agreement. <br /> 16 <br />12502516v3 <br /> <br />
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