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(ii) Bonds or portions thereof deemed to have been paid and
<br />discharged in accordance with Article XIII of the Indentures,
<br />
<br /> (iii) Bonds not deemed to be outstanding under the provisions of
<br />Section 1 of the Senior Ordinance and of the Subordinated Ordinance,
<br />and
<br />
<br /> (iv) Bonds in lieu of which other Bonds shall have been
<br />authenticated and delivered under Article II of the Indentures.
<br />
<br /> "Permitted Affiliate" means any corporation, partnership, trust or entity which,
<br />directly or indirectly, (i) owns or controls CCF; or (ii) with which CCF is commonly owned or
<br />controlled. For purposes hereof, "own or control" shall mean owning in excess of fifty percent
<br />(50%) of the voting securities or having the right (i) to elect or appoint more than fifty percent
<br />(50%) of the trustees or directors; or (ii) to receive more than fifty percent (50%) of the net
<br />earnings; or (iii) to receive more than fifty percent (50%) of the net assets upon dissolution.
<br />
<br /> "Permitted Encumbrances" means, as of any particular time, (i) statutory rights of
<br />the United States of America under 42 U.S.C. §291 et. seq., and similar rights under other
<br />federal and state statutes, (ii) the lien and charge of the Indentures and any lease of the Leased
<br />Premises not disapproved by the Trustees or authorized by the Indentures and not requiring prior
<br />consent of the Senior Trustee, including this Lease and any leases from the City existing as of
<br />the date of delivery of this Lease, (iii) liens securing indebtedness for the payment, redemption
<br />or satisfaction of which, moneys (or Eligible Investments) in the necessary amount shall have
<br />been deposited in trust with. a trustee or other holder of such indebtedness, (iv) utility, access
<br />and other easements and rights of way, restrictions, reservations and exceptions which an
<br />architect or engineer certifies will not materially interfere with or impair the operations being
<br />conducted in the Leased Premises or as may be insured over with adequate title insurance, or
<br />rights of way permitting the Leased Premises access to other facilities owned or controlled by
<br />the City or the Lessee, (v) any liens for ad valorem taxes, special assessments or other
<br />governmental charges not then delinquent or if delinquent being contested as provided in Section
<br />5.16 of the Senior Indenture and in the Subordinated Indenture; (vi) mechanic's, laborer's,
<br />materialman's, supplier's, or vendor's lien or right to a purchase money security interest in
<br />respect thereof if payment is not yet due and payable under the contract in question, or if such
<br />lien is contested in good faith, (vii) any lien which secures Secured Hospital Debt for which the
<br />Trustee has received an Officer's Certificate stating that the test for permitted Secured Hospital
<br />Debt has been met, (viii) liens arising by reason of good faith deposits in connection with
<br />tenders, leases of real estate, bids or contracts (other than contracts for the payment of money),
<br />deposits to secure public or statutory obligations, or to secure, or in lieu of, surety, stay or
<br />appeal bonds and deposits of security for the payment of taxes or assessments or other similar
<br />charges, (ix) any lien arising by reason of deposits with, or the giving of any form of security
<br />to, any governmental agency or any body created or approved by law or governmental regulation
<br />for any purpose at any time as required by law or governmental regulation (A) as a condition
<br />to the trans~{ction of any business or the exercise of any privilege or license, or (B) to enable the
<br />Operator to maintain self-insurance or to participate in any funds established to cover any
<br />insurance risks or in connection with workers' compensation, unemployment insurance, old-age
<br />pensions or other social security, or to share in the privileges or benefits required for companies
<br />participating in such arrangements, (x) any judgment lien or notice of pending action, so long
<br />as the finality of such judgment or the pending action is being contested and execution thereon
<br />is stayed or the period for responsive pleading has not elapsed or provision for payment of the
<br />judgment has been made in accordance with applicable law or by the deposit of cash .or eligible
<br />investments with the Trustee or a commercial bank or trust company acceptable to the Trustee,
<br />(xi) existing liens, provided they are not renewed or extended on more stringent terms, (xii) liens
<br />resulting from governmental regulations on the use of Property, (xiii) liens securing Hospital
<br />Debt permitted under the Senior Indenture, (xiv) liens on Property arising from the rights of
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