88-87 Amend 116-84 - Laserfiche WebLink

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"Pro3ect Purposes', means acquiring, improving and rehabilitating real and personal property comprising a commercial facility to be used as an office building, with retail space on the ground floor, located in the City of La~ewood, Ohio, and Known for street numbering purposes as 14801-13 Detroit Avenue, or such use as may result from a change in the Plans and Specifica- tions authorized by Section 3.2 of the Agreement or which may otherwise be permitted by the Agreement. "Pro3ect Site" means the real estate described in Exhibit C to the Agreement, and any additions thereto, less any removals therefrom, made in the manner and to the extent provided in the Mortgage. "Purchase Agreement" means, as to the Original Bonds, the commitment letter from the Original Purchaser to the Company dated September 5, 1984, as modified by the terms contained in the letter' from counsel for the Company. to counsel for the Original Purchaser dated October 2, 1984, by the terms con- tained in the letter from counsel for the Original Purchaser to counsel for the Company dated December 10, 1984 and by the terms contained in the letter from counsel for the Company to counsel for the Original Purchaser dated December 19, 1984, and as to any Additional Bonds, the Bond Purchase Agreement defined in the Bond Legislation providing for the issuance of the Additional Bonds. "Register" means the books kept and maintained for the registration and transfer of Bonds pursuant to Section 3.06 of the Indenture. "Registrar" means the Registrar as defined in the Indenture. "Revenues" means (a) the Loan Payments, (b) all other moneys received or to be received by the Issuer or the Trustee in respect of repayment of the Loan, including without limitation, moneys in the Bond Fund, (c) any unex- pended moneys in the Pro3ect Fund, and (d) all income and profit from the investment of the foregoing moneys. "State" means the State of Ohio. "Trustee" means AmeriTrust Company National Association, until a successor Trustee shall have become such pursuant to the applicable provisions of the Indenture, and thereafter "Trustee" shall mean the successor Trustee. "Unassigned Issuer's Rights" means all of the rights of the Issuer to receive Additional Payments under Section 4.2 of the Agreement, to be held harmless and indemnified under Section 5.5 of the Agreement, to be reimbursed for attorney's fees and expenses under Sectiorl 7.4 of the Agreement, and to ~ive or withhold consent to amendments, changes, modifications, alterations and termination of the Agreement under Section 8.6 of the Agreement. "Unaudited Net Operating Income" means for each Loan Payment Date, the amount shown on the Company's accountin~ records for the previous month as all income of the Company from whatever source derived during the previous calendar month, excluding income derived from the sale or refinancing of the Pro3ect, less Unaudited Operatin~ Expenses. - 9 -