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or shall be
<br />
<br />pursuant to
<br />
<br />5.01 of the
<br />
<br />set forth or determined therein.
<br />
<br />'Charter" means the charter of the Issuer, as amended, duly adopted
<br />Article XVIII of the Ohio Constitution..
<br />
<br />'Clerk' means the Clerk of the Legislative Authority.
<br />
<br />'Construction Fund" means the.Construction Fund created in Section
<br />Indenture.
<br />
<br /> mDepository'means any securities depository that is a clearing agent
<br />under federal law operating and maintaining, with its Participants (as defined
<br />in the Indenture) or otherwise, a Book-entry system to record ownership of
<br />book-entry interests in Bonds and to effect transfers of book-entry interests in
<br />Bonds in Book-entry form, and includes and means initially The Depository Trust
<br />Company (a limited purpose trust company), New York, New York.
<br />
<br /> 'Financing Costs' means all costs and expenses relating to the
<br />authorization, including any required election, issuance, sale, delivery,
<br />authentication, deposit, custody, clearing, registration, transfer, exchange,
<br />fractionalization, replacement, payment, and servicing of Bonds including,
<br />without limitation, costs and expenses for or relating tO publication and
<br />printing, postage, delivery, preliminary and final official statements,.offering
<br />circulars, and informational statements, travel and transportation, underwriters,
<br />placement agents, investment bankers, paying agents, registrars, authenticating
<br />agents, remarketing agents, custodians, clearing agencies or corporations,
<br />securities depositories, financial advisory services, certifications, audits,
<br />federal or state regulatory agencies, accounting and computation services, legal
<br />services and obtaining approving legal opinions and other legal opinions, credit
<br />ratings, redemption premiums, and credit enhancement facilities. Financing Costs
<br />may be paid from any moneys available for the purpose, including, unless
<br />otherWise provided in the proceedings, from the proceeds of the Bonds to which
<br />they relate and, as to future Financing Costs, from the same sources from which
<br />Bond Service Charges on the Bonds are paid and as'though Bond Service Charges.
<br />
<br /> 'Fiscal Officer' means the Issuer's Director of Finance, Assistant
<br />Director of Finance, Acting Director of Finance duly authorized and appointed
<br />under the charter and codified ordinances of the Issuer or Director of Public
<br />WOrks.
<br />
<br /> "Holder' or 'Holder of a Bond' means the Person in whose name aBond
<br />is registered on the Register.
<br />
<br /> 'Improvements" means any improvements, additions or extensions to the
<br />Utility, inclUding real estate and interests in real estate, buildings,
<br />structures, fixtures and facilities and additions thereto, and machinery,
<br />equipment, furniture and other personal property.
<br />
<br /> "Indenture" means the Indenture of Mortgage, dated as of August 1,
<br />1991 between the Issuer and the Trustee, as the same may be from time to time
<br />duly modified, amended or supplemented in accordance with the terms thereof.
<br />
<br /> "Interest Payment Date" means, as to the Series 1991'.Bonds, the date
<br />or dates set forth as such in the form of the Series 1991 Bond attached to the
<br />Indenture as Exhibit A, as to Additional Bonds, such date or dates designated as
<br />an Interest Payment Date in the form of bond for which Provision is made in the
<br />applicable Supplemental Indenture or Bond Legislation.
<br />
<br /> 'Issuer" means the City of Lakewood, Ohio, a municipal corporation
<br />and political subdivision duly organizedand existing under theConstitution and
<br />laws of the State.
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