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"Bond Fund" shall mean the separate and segregated fund or account established and <br />created by the Participant pursuant to the Authorizing Instrument from which payment of the <br />principal of and interest on the Bonds is required to be made by the Participant. <br />"Business Day" shall mean any day other than a Saturday, Sunday or State legal holiday <br />or any other day on which financial institutions in the State are authorized by law to close and to <br />remain closed. <br />"Clean Water Act" shall mean the Federal Water Pollution Control Act, 33 U.S.C. <br />Sections 1251-1387, and other laws, regulations and guidance supplemental thereto (including <br />the American Recovery and Reinvestment Act), as amended and supplemented from time to <br />time. <br />"Code" shall mean the Internal Revenue Code of 1986, as amended and supplemented <br />from time to time, together with the regulations related thereto. <br />"Construction Fund" shall mean the separate and segregated fund or account <br />established and created by the Participant pursuant to the Authorizing Instrument to receive <br />proceeds of the Bonds and from which Eligible Costs of the Project may be paid by the <br />Participant. <br />"Credit Instrument" means a letter of credit, surety bond, liquidity facility, insurance <br />policy or comparable instrument furnished by a Credit Provider that is used by the Participant to <br />meet all or a portion of any debt service reserve requirement securing the Bonds or any other <br />bonds payable from the revenues of the Treatment Works, which bonds are on a parity with the <br />Bonds. <br />"Credit Provider" means a bank, insurance company, financial institution or other entity <br />providing a Credit Instrument. <br />"Department" shall mean the Indiana Department of Environmental Management <br />created under I.C. 13-13-1-1 or its successor. <br />"Deposit Agreement" shall mean an agreement between the Participant and the Deposit <br />Agreement Counterparty in such form as from time to time determined by the Finance Authority <br />pursuant to which (a) the Participant's Bond Fund (including any reserve account established and <br />created by the Participant pursuant to the Authorizing Instrument related thereto) shall be held by <br />such Deposit Agreement Counterparty and available for payment of the Bonds and any other <br />similar obligations of the Participant that are payable from the Bond Fund regardless whether <br />they are on a parity basis, (b) such Deposit Agreement Counterparty serves as the paying agent <br />for the Bonds and any other such similar obligations of the Participant that are payable from the <br />Bond Fund, and (c) the Participant's Construction Fund may be held by such Deposit Agreement <br />Counterparty upon any Loan disbursement by the Finance Authority to it from time to time. <br />B-3 <br />BDDBOI 5738468v1 <br />