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“Unassigned Issuer’s Rights” means all of the rights of the Issuer to enforce compliance with the
requirements under Section 2.2 of the Loan Agreement; to receive Additional Payments under Section 4.2
of the Loan Agreement; to inspect books and records under Section 5.1 of the Loan Agreement; to be held
harmless and indemnified under Section 5.3 of the Loan Agreement; to be an insured and to receive notice
of material litigation under Section 5.5 of the Loan Agreement; to receive notices of default and enforce
the limitation of liability related to the Regulatory Agreement under Section 5.8 of the Loan Agreement; to
pursue remedies upon default under Section 7.2 of the Loan Agreement to the extent provided therein with
respect to Unassigned Issuer’s Rights; to be reimbursed for attorneys’ fees and expenses under Section 7.4
of the Loan Agreement; to receive notices pursuant to Section 8.3 of the Loan Agreement; to give or
withhold consent to amendments, changes, modifications, alterations and termination of the Loan
Agreement under Section 8.6 of the Loan Agreement; to enforce the limitation of liability under
Section 8.12 of the Loan Agreement; and to receive payment of audit expenses under Section 8.15 of the
Loan Agreement.
“Undelivered Bond” means any Bond that is required under this Indenture to be delivered to the
Remarketing Agent or the Trustee for purchase on a Mandatory Tender Date but that has not been received
on the date such Bond is required to be so delivered.
“Underwriter” means Colliers Securities LLC, a Delaware limited liability company, its successors
and assigns, which is handling the financing of the Project from its office located at 90 South 7th Street,
Suite 4300 Minneapolis, MN 55402-4108.
“Underwriter’s Advance” means an amount equal to the Initial Deposit paid by the Underwriter for
deposit to the Interest Account of the Bond Fund in excess of the par public offering price of the Bonds
pursuant to the Bond Purchase Agreement.
Section 1.02 Interpretation. Any reference herein to the Issuer or to any member or officer
thereof includes entities or officials succeeding to their respective functions, duties or responsibilities
pursuant to or by operation of law or lawfully performing their functions.
Any reference to a section or provision of the Act, or to a section, provision or chapter of the
Virginia Statutes, or to any statute of the United States of America, includes that section, provision or
chapter as amended, modified, revised, supplemented or superseded from time to time; provided, that no
amendment, modification, revision, supplement or superseding section, provision or chapter shall be
applicable solely by reason of this paragraph, if it constitutes in any way an impairment of the rights or
obligations of the Issuer, the Holders, the Trustee, the Registrar, the Paying Agent, any Authenticating
Agent or the Borrower under this Indenture, the Bond Resolution, the Bonds, the Loan Agreement, the
Promissory Note, the Regulatory Agreement or any other instrument or document entered into in connection
with any of the foregoing, including without limitation, any alteration of the obligation to pay Bond Debt
Service Charges in the amount and manner, at the times, and from the sources provided in the Bond
Resolution and this Indenture, except as permitted herein.
Unless the context indicates otherwise, words importing the singular number include the plural
number, and vice versa. The terms “hereof,” “hereby,” “herein,” “hereto,” “hereunder,” “hereinafter” and
similar terms refer to this Indenture; and the term “hereafter” means after, and the term “heretofore” means
before, the date of this Indenture. Words of any gender include the correlative words of the other genders,
unless the sense indicates otherwise.
Section 1.03 Captions and Headings. The captions and headings in this Indenture are solely
for convenience of reference and in no way define, limit or describe the scope or intent of any Articles,
Sections, subsections, paragraphs, subparagraphs or clauses hereof.
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