14-20 Cedar Glen Bond Ordinance Addendums

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document, any officer, employee or other person authorized to perform such act, discharge such duty or execute such certificate or other document. "Available Money" means, as of any date of determination, any of(i) the proceeds of the Bonds, (ii) the proceeds of draws by the Trustee on any letters of credit provided to the Trustee for the benefit of the Borrower, (iii) any other amounts, including the proceeds of refunding bonds, for which, in each case, the Trustee has received an Opinion of Counsel acceptable to the Rating Agency to the effect that the use of such amounts to make payments on the Bonds would not violate Section 362(a) of the Bankruptcy Code (or that relief from the automatic stay provisions of such Section 362(a) would be available from the bankruptcy court) or be avoidable as preferential payments under Section 544, 547 or 550 of the Bankruptcy Code should the Issuer or the Borrower become a debtor in proceedings commenced under the Bankruptcy Code, (iv) any payments made by the Borrower and held by the Trustee for a period of 366 days, provided that no Act of Bankruptcy with respect to the Borrower has occurred during such period, (v) the Collateral Funds, and (vi) investment income derived from the investment of moneys described in clause (i), (ii), (iii), (iv) or(v). "Bankruptcy Code" means the United States Bankruptcy Reform Act of 1978, as amended from time to time, or any substitute or replacement legislation. "Bond Documents" means the Bonds, this Indenture, the Agreement, the Bond Purchase Agreement, the Regulatory Agreement, the Tax Agreement and any and all other documents executed in connection with the issuance and delivery of the Bonds. "Bond Fund"means the Bond Fund created in Section 5.01 hereof. "Bond Payment Date" means each Interest Payment Date and any other date Bond Service Charges on the Bonds are due, whether at maturity, upon redemption, Mandatory Tender or acceleration or otherwise. "Bond Purchase Agreement"means the Bond Purchase Agreement dated April -, 2020], among the Issuer, the Borrower and the Underwriter. "Bond Resolution" means Ordinance No. 4788-19, adopted by the Issuer on April _, 2020, authorizing the issuance and delivery of the Bonds and related matters. "Bond Service Charges" means, for any period or payable at any time, the principal of and interest on the Bonds for that period or payable at that time whether due on an Interest Payment Date, at maturity or upon acceleration. "Bond Year" means each annual period of twelve months the first of which commences on the date of the original issuance and delivery of the Bonds and the last of which ends on the maturity of the Bonds, except that the first and last bond year may be less than twelve months. "Bonds" means the $4,100,000 Multifamily Housing Revenue Bonds, Series 2020A (Cedar Glen Apartments Project) of the Issuer authorized in the Bond Resolution and Section 2.02 hereof. -4 -