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05-09-2022 FINAL Notice and Agenda Packet
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05-09-2022 FINAL Notice and Agenda Packet
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City Council - City Clerk
City Counci - Date
5/9/2022
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4 <br />“Confirming Letter of Credit” means (a) any confirming letter of credit, advice of <br />confirmation or similar instrument issued in connection with a Letter of Credit; and (b) <br />upon the issuance and effectiveness thereof, any Alternate Confirming Letter of Credit. <br />“Confirming Bank” means the bank or financial institution issuing a Confirming <br />Letter of Credit. Upon issuance and effectiveness of any Alternate Confirming Letter of <br />Credit, “Confirming Bank” shall mean the issuer thereof and its successors and assigns. <br />“Confirming Bank Reimbursement Agreement” means the reimbursement or <br />similar agreement entered into between the Borrower and the issuer of any Confirming <br />Letter of Credit or Alternate Confirming Letter of Credit. <br />“Completion Date” means the date of the substantial completion of the acquisition, <br />construction and installation of the Project evidenced in accordance with the requirements of <br />Section 3.6 hereof. <br />“Construction Period” means the period between the beginning of the acqms1tion, <br />construction and installation of the Project or the date on which the Bonds are initially <br />issued, whichever is earlier, and the Completion Date. <br />“Engineer” means an individual or firm acceptable to the Trustee and qualified to <br />practice the profession of engineering or architecture under the laws of the State. <br />“Event of Default” means any of the events described as an Event of Default in Section <br />7.1 hereof. <br />“First Amended and Restated Agreement” means the First Amended and Restated <br />Loan Agreement, dated October 1, 2009. <br />“First Amended and Restated Indenture” means the First Amended and Restated <br />Indenture, dated October 1, 2009. <br />“Force Majeure” means any of the causes, circumstances or events described as <br />constituting Force Majeure in Section 7.1 hereof. <br />“Indenture” means the Trust Indenture, dated as of January 1, 2007, between the Issuer <br />and the Trustee, as supplemented and amended by the Amended and Restated Indenture, as <br />supplemented and amended by the Second Amended and Restated Indenture, as supplemented <br />or amended by the Third Amended and Restated Indenture as amended or supplemented from <br />time to time. <br />“Initial BSBY Rate Bond Purchaser” means Citizens Bank, N.A., as successor by <br />merger to Citizens Bank of Pennsylvania, as the purchaser and Holder with respect to the <br />Bonds as of May , 2022, and its successors and assigns. <br />“Loan” means the loan by the Issuer to the Borrower of the proceeds received from the <br />sale of the Project Bonds.
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