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51-96 Lakewood Hosp Lease
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51-96 Lakewood Hosp Lease
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Last modified
5/14/2013 2:59:52 PM
Creation date
7/21/2003 10:36:26 AM
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Office Of Council
Document Type
Ordinances
Date
7/21/2003
Date Adopted
12/16/1996
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third party payors for recoupment of amounts paid to the Operator, (xv) liens on Property <br />acquired by the Operator if the assumption of the Hospital Debt secured by such lien is <br />additional Hospital Debt permitted under the Senior Indenture and if an Officer's Certificate is <br />delivered to the Trustee certifying that (A) such lien and the Hospital Debt secured thereby were <br />created and incurred by a person other than the Operator prior to acquisition of such Property <br />by the Operator, (B) such lien was created prior to the decision of the Operator to acquire the <br />Property and was not created for the purpose of enabling the Operator to avoid the limitations <br />of the Senior Indenture on creation of liens on Property, and (C) the lien attaches solely to the <br />Property and does not extend by its terms to other Property of the Operator, and (xvi) such <br />minor defects, irregularities, encumbrances, utility, access and other easements and rights of <br />way, restrictions, reservations, exceptions and clouds on title as normally exist with respect to <br />properties similar in character to the Leased Premises and as do not in the opinion of <br />Independent Counsel, in the aggregate materially impair the property affected thereby for the <br />purpose for which it is or will be held by the City. <br /> "Rental Payment Date" means the fifteenth day of each month. <br /> "Required Services" means (i) obstetrical/gynecological services, (ii) 24 hour a day <br /> emergency room providing trauma services, (iii) rescue squad/paramedic services, (iv) intensive <br /> care services and (v) acute care medical/surgical services (including, without limitation, care for <br /> children and adolescents), of the nature then generally provided by a community hospital in <br /> communities comparable to the City; or such services as may result from amendments to this <br /> definition pursuant to Section 9.16 hereof. The term "Required Services" does not include the <br /> magnitude or level of service, such as hours of service, or the manner (including changes in <br /> technology) by which the types of services are provided; provided, however, that the change in <br /> magnitude or levels of services does not, as a practical matter, result in the significant reduction <br /> in such service so as to be an effective elimination of such service. <br /> "Senior Indenture' means the Trust Indenture dated as of March 15, 1983 between <br /> the City and the Senior Trustee, as supplemented and amended by the First Supplemental Senior <br /> Indenture, as such may be amended or supplemented from time to time in accordance with the <br /> provisions thereof. <br /> "Senior Ordinance" means Ordinance No. 8-83 of the City passed by the Council on <br /> February 26, 1983. <br /> "Senior Trustee" means National City Bank, Cleveland, Ohio and any successor <br /> thereto as trustee under the Senior Indenture. <br /> "Special Funds" means, collectively, the funds or accounts permitted by, established <br /> under, or identified in the Indentures. <br /> <br /> "State" means the State of Ohio. <br /> "Subordinated Indenture" means the Trust Indenture dated as of November 1, 1983 <br /> between the City and the Subordinated Trustee. <br /> "Subordinated Ordinance" means Ordinance No. 10643 of the City passed by the <br /> Council on October 17, 1983. <br /> "Subordinated Trustee" means Mellon Bank, F.S.B., successor trustee to KeyBank <br /> National Association, Cleveland, Ohio (formerly known as Society National Bank and successor <br /> by merger to Central National Bank of Cleveland) and any successor thereto as trustee under the <br /> Subordinated Indenture. <br /> <br /> <br />
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