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"Regulatory Agreement" means the Regulatory Agreement and Declaration of Restrictive <br /> Covenants, dated as of even date with this Indenture, among the Issuer, the Trustee and the <br /> Borrower. <br /> "Remarketing Agent"means The Sturges Company. <br /> "Remarketing Agent's Fee" means the fee of the Remarketing Agent for its remarketing <br /> services. <br /> "Remarketing Agreement" means the Remarketing Agreement, dated as of April 1, 2020, <br /> by and between the Borrower and the Remarketing Agent, as amended, supplemented or restated <br /> from time to time, or any agreement entered into in substitution therefor. <br /> "Remarketing Date" means the Initial Remarketing Date and, if the Bonds Outstanding <br /> on such date or on any subsequent Remarketing Date are remarketed pursuant to Section 4.03 <br /> hereof for a Remarketing Period that does not extend to the final maturity of the Bonds, the day <br /> after the last day of the Remarketing Period. <br /> "Remarketing Expenses" means the costs and expenses incurred by the Trustee and its <br /> counsel, the Remarketing Agent and its counsel, the Issuer and its counsel, and Bond Counsel in <br /> connection with the remarketing of the Bonds, including bond printing and registration costs, <br /> costs of funds advanced by the Remarketing Agent, registration and filing fees, the cost of any <br /> Cash Flow Projections or other verification reports, rating agency fees and other costs and <br /> expenses, excluding the Extension Fee, incurred in connection with or properly attributable to <br /> the remarketing of Bonds as certified by the Remarketing Agent in writing. <br /> "Remarketing Notice Parties" means the Borrower, the Issuer, the Trustee, the <br /> Remarketing Agent and the Senior Lender. <br /> "Remarketing Period" means the period beginning on a Remarketing Date and ending on <br /> the last day of the term for which Bonds are remarketed pursuant to Section 4.03 or the final <br /> Maturity Date of the Bonds, as applicable. <br /> "Remarketing Proceeds Account" means the Remarketing Proceeds Account of the Bond <br /> Fund created in Section 5.01 hereof. <br /> "Remarketing Rate"means the interest rate or rates established pursuant to Section 2.02(c) <br /> hereof and borne by the Bonds then Outstanding from and including each Remarketing Date to, <br /> but not including, the next succeeding Remarketing Date or the final Maturity Date of the Bonds, <br /> as applicable. <br /> "Residual Fund"means the Residual Fund created in Section 5.01 hereof. <br /> "Senior Lender"means Merchants Capital Corp., and its successors and assigns. <br /> "Special Funds" means, collectively, the Bond Fund, the Assignment Fund and the <br /> Project Fund and any accounts therein all as created in this Indenture. <br /> - 14 - <br />