This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.
“Securities Act” means the United States Securities Act of 1933, as in effect on the Closing Date.
“Securities Depositories” means The Depository Trust Company, 711 Stewart Avenue, Garden
City, New York 11530, Fax (516) 227 4039 or 4191; Midwest Securities Trust Company, Capital Structures
– Call Notification, 440 South LaSalle Street, Chicago, Illinois 60605, Fax (312) 663 2343; Pacific
Securities Depository Trust Company, Pacific and Company, P.O. Box 7041, San Francisco, California
94120, Fax (415) 393 4128; Philadelphia Depository Trust Company, Reorganization Division, 1900
Market Street, Philadelphia, Pennsylvania 19103, Attention: Bond Department, Fax (215) 496 5058; or, in
accordance with the then current guidelines of the Securities and Exchange Commission to such other
addresses and/or such other securities depositories or, as the Issuer may designate in a request of the Issuer
delivered to the Trustee, to no such depositories.
“S&P” means S&P Global Ratings.
“Special Funds” means, collectively, the Bond Fund, the Collateral Fund and the Project Fund, and
any accounts therein, all as created in the Indenture.
“Special Record Date” means, with respect to any Bond, the date established by the Trustee in
connection with the payment of overdue interest or principal on that Bond.
“State Investor Limited Partner” means Commonwealth Advisors Capital LLC, a Virginia limited
liability company, and its successors and/or assigns.
“Subordinate Bond Documents” shall have the meaning provided in the Indenture and the Loan
Agreement.
“Supplemental Indenture” means any indenture supplemental to the Indenture entered into between
the Issuer and the Trustee in accordance with the Indenture.
“Surplus Cash” shall have the meaning provided in the HUD Regulatory Agreement.
“Tax Certificate” means the Federal Tax Agreement and Non-Arbitrage Certificate of the Issuer
and the Borrower, executed by the Issuer and the Borrower on the Closing Date.
“Tendered Bond” means any Bond which has been tendered for purchase pursuant to a Mandatory
Tender.
“Title Company” means Chicago Title Insurance Company, its permitted successors and assigns.
“Trustee” means U.S. Bank Trust Company, National Association, a national banking association,
until a successor Trustee shall have become such pursuant to the applicable provisions of the Indenture, and
thereafter, the term “Trustee” shall mean the successor Trustee.
“Unassigned Issuer’s Rights” means all of the rights of the Issuer to enforce compliance with the
requirements under the Loan Agreement; to receive Additional Payments under the Loan Agreement; to
inspect books and records under the Loan Agreement; to be held harmless and indemnified under the Loan
Agreement; to be an insured and to receive notice of material litigation under the Loan Agreement; to
receive notices of default and enforce the limitation of liability related to the Regulatory Agreement under
the Loan Agreement; to pursue remedies upon default under the Loan Agreement to the extent provided
therein with respect to Unassigned Issuer’s Rights; to be reimbursed for attorneys’ fees and expenses under
the Loan Agreement; to receive notices pursuant to the Loan Agreement; to give or withhold consent to
A-13Jump to an indexed page (744 of 744)