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Attachment D Ð Low Income Units Ñ means the Dwelling Units in the Project designated for occupancy by Low Income Tenants pursuant to Section 4(a) of this Regulatory Agreement. Ð Median Income for the Area Ñ means the median yearly income for households of an applicable size in the applicable Primary Metropolitan Statistical Area as most recently determined by the Secretary of Housing and Urban Development under Section 8(f)(3) of the Housing Act, or, if such figures are no longer available, the method of calculation is substantially altered, or the programs under Section 8(f) are terminated, the Governmental Lender shall provide the Borrower with another income determination that is reasonably similar to the method used by the Secretary prior to such termination. Ð Note Ñ means the Governmental LenderÓs Multifamily Housing Revenue Refunding Note (Twin Lakes Family Apartments Project), Series 2020, issued in the original aggregate principal amount of $34,000,000. Ð Project Ñ has the meaning assigned to such term in the recitals to this Regulatory Agreement. Ð Qualified Project Period Ñ means the period beginning on the later of the date of issuance of the Note and the first day on which 10% of the Dwelling Units in the Project are occupied and ending on the latest of: (i) the date which is 15 years after the date on which 50% of the Dwelling Units in the Project are occupied; (ii) the first day on which no tax-exempt private activity bond issued with respect to the Project is outstanding, or (iii)the date on which any assistance provided with respect to the Project under Section 8 of the United States Housing Act of 1937 terminates. Ð Regulatory Agreement Ñ means this Amended and Restated Regulatory Agreement, together with any amendments or supplements hereto. Ð Resolution Ñ means, Resolution No. ____, adopted by the City Council of the Governmental Lender on May 18, 2020, authorizing the issuance of the Note. Ð Section 474A Penalty Ñ means the penalty described in Minnesota Statutes, Section 474A.047, subdivision 3, as applied to the Project. Ð State Ñ means the State of Minnesota. Ð Treasury Regulations Ñ means the regulations promulgated or proposed by the Department of the Treasury pursuant to the Code from time to time or pursuant to any predecessor statute to the Code. Unless the context clearly requires otherwise, as used in this Regulatory Agreement words of the masculine, feminine or neuter gender shall be construed to include each other gender when 4 12519391v3