32-89 Hospital Improvement Revenue Bonds $36 mil

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"yield" have the meanings assigned to them for purposes of Section 148 of the Code. "Executive" means the Mayor or Acting Mayor of the Issuer. "First Supplemental Bond Legislation" means this Ordinance, comprising part of the First Supplemental Indenture. "First Supplemental Indenture" means the First Supplemental Trust Indenture between the Issuer and the Trustee dated as of the date of the Series One Bonds, including the First Supplemental Bond Legisla- tion, entered into pursuant to and in accordance with the Original Indenture. "Fiscal Officer" means the chief financial officer of the Operator. "Fiscal Year" means a period of twelve consecutive months commencing on the first day of January of any year and ending on the last day of December of the same calendar year, both inclusive, or such other consecutive twelve-month period as hereafter may be established as the fiscal year of the Operator for budgeting and accounting purposes, to be evidenced, for purposes hereof, by a certificate of the Fiscal Officer, with respect to the Issuer, or the Authorized Lessee Represen- tative, with respect to the Lessee, filed with the Trustee. "Fund Balance" means (i) for a person that is an organization exempt from federal income taxation under Section $01(c)(3) of the Code, the aggregate fund balance of such person, and (ii) for a person that is not tax-exempt under Section $01(a)(3) of the Code, the excess of assets over liabilities of such person; provided that with respect to the Issuer, only the aggregate Fund Balance of the Issuer arising solely from its ownership and operation of the Hospital Facilities shall be included within the meaning of Fund Balance. "Gross Revenues" mean Gross Revenues as defined in the Lease. "Guaranty" means all obligations of the Operator, guaranteeing in any manner, whether directly or indirectly, any obligation of any other person which would, if such other person were the Operator consti- tute Hospital Debt, unless the obligation of such other person is other than for the payment of a sum certain. Nothing in this definition or otherwise shall be construed to count a Guaranty more than once or ~o count a Guaranty and the obligation secured thereby as separate obliga- tions. "Guaranty and Security Agreement" means the Guaranty and Security Agreement dated as of even date with the First Supplemental Indenture, between the Lessee and the Trustee, as the same may be duly amended or supplemented from time to time in accordance with the pro- vision~ thereof. -5-