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? <br />WHEREAS, Health Cleveland Enterprises, Inc. (successor by partnership <br />dissolution to Fairview West Partners, Ltd.) has requested that the Series 1992 Bonds be issued, <br />and the Series 1992 Bonds are being issued, for the purpose of providing funds sufficient to retire <br />the Prior Issue by call for redemption and with the reasonable and well-founded expectation that <br />the final interest cost of the bonds, computed to absolute maturity will be less than the final <br />interest cost of the Prior Issue upon redemption, such Prior Issue having induced the Borrower <br />to maintain and to locate within the boundaries of the Issuer that business of the Borrower to be <br />conducted by the use of the Project; <br />NOW, THEREFORE, BE IT ORDAINED by the Council of the City of North <br />Olmsted, in the State of Ohio: <br />Section 1. Definidons. In addition to the words and terms defined elsewhere in <br />this Bond Ordinance, unless the context or use clearly indicates another meaning or intent: <br />"Act" means Chapter 165, Ohio Revised Code, as enacted and amended from time <br />to time pursuant to Section 13 of Article VIII of the Ohio Constitution. <br />"Additional Bonds" means bonds which may be issued under Section 2.04 of the <br />Indenture. <br />"Additional Notes" means any nonnegotiable promissory note, in addition to the <br />Series 1992 Note, or notes delivered by the Borrower to the Trustee in connection with the <br />issuance of Additional Bonds, as provided in the Agreement. <br />"Agreement" means the Loan Agreement, to be dated as of even date with the <br />Indenture, between the Issuer and the Borrower, as amended or supplemented from time to time. <br />"Bond Fund" means the Bond Fund created in Section 5.03 of the Indenture. <br />"Bond Legislation" means (a) when used with reference to the Series 1992 Bonds, <br />this Ordinance providing for their issuance and approving the Agreement, the Indenture and <br />related matters; (b) when used with reference to an issue of Additional Bonds, this Ordinance to <br />the extent applicable, and the ordinance providing for the issuance of the Additional Bonds and <br />approving any amendment or supplement to the Agreement, any Supplemental Indenture and <br />related matters; and (c) when used with reference to Bonds when Additional Bonds are outstand- <br />ing, this Ordinance and the ordinance providing for the issuance of the then outstanding and then <br />to be issued Additional Bonds; in each case as amended or supplemented from time to time. <br />"Bonds" means the Series 1992 Bonds and any Additional Bonds. <br />"Borrower" means Health Cleveland Enterprises, Inc., an Ohio corporation, and <br />its lawful successors and assigns, to the extent permitted by the Agreement. <br />-2-