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secretary, assistant treasurer, trust officer or any other officer of the Trustee who customarily performs
functions similar to those performed by the persons who at the time shall be such officers, respectively, or
to whom any corporate trust matter is referred because of such person’s knowledge of and familiarity with
the particular subject and who shall have direct responsibility for the administration of this Indenture.
“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 this 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 Historic Tax Credit Equity” shall mean tax credit funds that will be used by the Borrower to
finance the Project.
“State Historic Tax Credit Equity Investor” means Commonwealth Advisors Capital LLC, a
Virginia limited liability company.
“Subordinate Bond Documents” shall have the meaning provided in Section 13.14 hereof and
Section 8.11 of the Loan Agreement.
“Supplemental Indenture” means any indenture supplemental to this Indenture entered into between
the Issuer and the Trustee in accordance with Article VIII hereof.
“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 and delivered 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 this Indenture,
and thereafter, the term “Trustee” shall mean the successor Trustee.
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