1. MIDA Bond-Bethany on 42nd
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1. MIDA Bond-Bethany on 42nd
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4/16/2008 10:43:45 AM
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<br />"Bondholder(s)" or "Holder(s)" means the registered owner(s) of any Bond. <br /> <br />"Bond Register" means the register maintained by the Trustee pursuant to Section 2.11 <br />hereof. <br /> <br />"Bond Registrar" means the Trustee, or its successor, appointed to keep the Bond Register. <br /> <br />"Bond Year" means the period ending on of each year or such other period <br />selected for the computations required to comply with the arbitrage rebate provisions in accordance <br />with Section l48(f) of the Code. <br /> <br />"Business Day" means any day other than a Saturday, Sunday or other day on which <br />banking institutions in the city in which the principal corporate trust office of the Trustee is located <br />are not open for business. <br /> <br />"Code" or "Internal Revenue Code" means the Internal Revenue Code of 1986, as <br />amended, and the Treasury Regulations promulgated thereunder. <br /> <br />"Company" means Bethany on 42od, LLC, a North Dakota limited liability company, the <br />sole member of which is Bethany Homes, Inc., a North Dakota nonprofit corporation, and its <br />successors and assigns and any resulting or transferee corporation under Section 7.04 of the Loan <br />Agreement. <br /> <br />"Company Address" means 201 South University Drive, Fargo, North Dakota 58103, Attn: <br />Executive Director, or such other address specified in writing by the Company to the Issuer and the <br />Trustee. <br /> <br />"Company Representative" means the Executive Director, Director of Finance, Chairman <br />or Vice Chairman of the Board of Directors of the Company, or a successor designated by the <br />Company, or any authorized representative of the Company designated from time to time to act on <br />behalf of the Company by written certificate furnished to the Trustee containing a specimen <br />signature(s) of such person(s) and signed on behalf of the Company by an authorized signature. <br /> <br />"Costs of Issuance" means all items of expense relating to the issuance, sale and delivery <br />of the Bonds, including, but not limited to, Underwriter's discount or commission, all fees and <br />expenses oflegal counsel, fees and expenses of underwriter's counsel, title insurance premiums, <br />printing costs, costs of preparation and reproduction of documents, filing and recording fees, initial <br />fees of the Trustee, fees paid to the Issuer, fees and disbursements of financial advisors and other <br />consultants and professionals, fees and charges for preparation, execution, transportation and <br />safekeeping of the Bonds, costs and expenses of accountants, and any other cost, charge or fee in <br />connection with the original issuance of the Bonds which are treated as "issuance costs" within the <br />meaning of Section 147(g) of the Code. <br /> <br />1-2 <br />
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