1. MIDA Bond-Bethany on 42nd - Laserfiche WebLink

"Costs of Issuance Fund" means the fund created by Section 5.3 hereof which shall be entitled "Cass County Housing and Healthcare Facilities Revenue Bonds - Costs oflssuance Fund (Bethany on 420d Project)." "Counsel" means an attorney designated by or acceptable to the Trustee duly admitted to practice before the highest court of any state; an attorney for the Company or the Issuer may be eligible for appointment as Counsel. "County Auditor" means the County Auditor of the Issuer. "Default" and "Event of Default" means those defaults and events of default specified in and defined by Section 8.1 hereof. "Delivery Date" means the date the Bonds are delivered to the Underwriter in exchange for the purchase price. "Depository" means The Depository Trust Company, New York, New York, and its successors and assigns or if (i) the then Depository resigns from its functions as securities depository ofthe bonds, or (ii) the Issuer discontinues use ofthe Depository pursuant to Section 2.15, any other securities depository which agrees to follow the procedures required to be followed by a securities depository in connection with the Bonds and which is selected by the Issuer with the consent ofthe Trustee. "Determination of Taxability" means the issuance of a statutory notice of deficiency by the Internal Revenue Service, or a ruling by the National Office or any District Office of the Internal Revenue Service, or a final decision of a court of competent jurisdiction which holds in effect that the interest payable on the Bonds is includable in the gross income of a Holder under Section 103(a) of the Code, after the period, if any, for contest or appeal of such action, ruling or decision has expired without any such contest or appeal having been properly instituted. "Determination of Taxability" does not include, among other things, the inclusion of interest on the Bonds for purposes of computing alternative minimum taxes imposed upon individuals and corporations pursuant to the Code, nor does it mean the branch profits tax imposed pursuant to Section 84 of the Code, nor the inclusion of interest as passive investment income for subchapter S corporations under Section 1375 of the Code. "Equipment" means all the equipment, fixtures, improvements and personal property now or hereafter attached to, located in or necessary to the use of the Facilities as well as renewals, replacements, additions, and substitutions thereof, but excluding therefrom the personal property of any resident or licensee of the Facilities. "Facilities" means the Land, the Equipment, the Project and any Improvements located on the Land and owned by the Company. 1-3