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"related person" to either the Company or such other "principal user", as those terms are used and defined in Sections 144(a)(2) and 144(a)(3) of the Code (or their statutory predecessor), respectively, and which are located within the boundaries of the City of Lakewood, Ohio, and (ii) which bonds would have to be taken into account in determining the aggregate face amount of the Project Bonds as provided in Section 144(a)(4)(A)(ii) of the Code. (i) The average maturity of the Project Bonds does not exceed 120% of the average reasonably expect- ed remaining economic life of the facilities financed by the proceeds of the Original Bonds (determined pursuant to Section 147(b) of the Code, by treating such facilities as placed in service as of the later of the date the Original Bonds were issued or the date the facilities were actually placed in service.) (3) None of the proceeds of the Original Bonds have been used to provide any private or commercial golf course, country club, massage parlor, tennis club, skating facility (including roller skating, skateboard and ice skating), racquet sports facility (including handball or racquetball court), hot tub facility, suntan facility, racetrack, airplane, skybox or other private luxury box, or health club facility; any facility primarily used for gambling; or any store the principal business of which is the sale of alcoholic beverages for consumption off premises. (k) Less than twenty-five percent of the proceeds of the Original Bonds were used to provide facilities the primary purpose of which is retail food and beverage services (except grocery stores), automobile sales or service, or the provision of recreation or entertainment. (1) The Project Bonds have an averaEe maturity and a final maturity date that do not exceed the average maturity and the final maturity date, respec- tively, of the Original Bonds; the principal amount of the Project Bonds does not exceed the outstanding principal amount of the Original Bonds; and the inter- est rate on the Project Bonds is lower than the inter- est rate on the Original Bonds. None of the costs of issuance of the Project Bonds will be paid for from the proceeds of the OriEinal Bonds. (m) For each "test period beneficiary,, (as defined in Section 144(a)(10)(D) of the Code) of the Project, the sum of (i) the aggregate authorized face - 12 -