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; # .... ._ , ?....?. . <br />- - ? .,00000000? ?.r. _ <br />Wrl :REAS, the Borrower is desirous of obtaining financing for necessary Project <br />Facilities, u:i:ng fur::d3 from the WPCLF; and <br />WHE'KEAS, the State is willing to provide financing to the Borrower for sach Project <br />Facilities, w-!d the Du-ector has deterrnined that the Borrower has comptied with the requirements <br />ofahio Rex,ised Ccide Sectidn 6111,036, and is therefore eligible for financial assistance for its <br />Projcct Fac?lities under the CWA and said Section; and <br />WT3^REAS, the Borrower has demonstrated to the satisfaction of the State that it has thf; <br />capability io pay the, Semi-Annual Payment over the Contract Period of Years; and <br />VVkiEREAS, the State and the Borrowcr have deternuned to enter into this Agreenent to <br />sct forth the:-- respective obligatior.s with respect to the financing, cons•truction, operation and <br />ownership cf the Proiect Facilities; <br />NOIV =1EFORE, in consideration ofthe premises and muttiai covenants herein <br />contained, the parties hereto do hereby agree as foilows: <br />A.,RTICLE I - DEFINITIQNS <br />Secticn 1,1. Except where the context cleariy indicates otherwise, the following ter.ms as <br />used in this s.greement shali have tne meaning ascribed to them in this ikrticle: <br />(a) ",kpplication Fee" means a charge levied and paid by the Borrower at the time of <br />the executio;:1 of thi., Agreement to partiaity offset administrative costs of the Agreement. This <br />fee is not an EligiblE Froject Cost and is in addition to the Semi-Annual Payment. The fee is <br />calculated at rhirty five hundredths of ane pereent (.35%) of the estimated Etigibte Project Costs, <br />or four hundred doqars ($400,00), whichever is the greatcr. <br />(b) "ApProved Application" means the application submitted to the Director on the date <br />shown on Ex1-.ibit 1:ts the "Application bate," together with aIl attachments, supporting <br />documentation, amendments and supplemettts thereto as appraved by the State, together with <br />any amendmcnts thereto approved by the $orrower and the State aftcr the date of this <br />Agreement. <br />(c) "°3orrower" means the entity identified an Exhibit 1, which ::s an entity eligible to <br />receive assisti-.nce ur..der Section 603(G) of the CtiVA and ORC Section +5111.036. <br />(d) "Capitalized Interest Rate" means the effective rate of interest at which interest <br />accrues on PEncipal Amounts disbursed ducYng the construciion period fYOm the date of such <br />disbursement. <br />(e) "I?ontract Interest Rate" means the interest rate per annum shown on Exhibit 1 as <br />"Interest kate." <br />2