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<br />"Bond Year" means the period ending November _ 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 148(f) of the Code. <br /> <br />"Bondholder" or "Holder" or "Owner" means the person in whose name a Bond shall be <br />registered on books of the Issuer kept for that purpose in accordance with the terms of the <br />Resolution. <br /> <br />"Business Day" means any day other than a Saturday, Sunday or other day on which <br />banking institutions in the City of Minneapolis, Minnesota are not open for business. <br /> <br />"Code" means the United States Internal Revenue Code of 1986, as amended, and all <br />Treasury Regulations promulgated thereunder. <br /> <br />"Completion Date" means the date of completion of construction and equipping of the <br />Project as that date shall be certified by the Corporation in accordance with Section 3.05 hereof. <br /> <br />"Construction Account" means the account created by Section 2.11 (b) of the Resolution. <br /> <br />"Corporate Representative" means the Chair, President, Vice President, Secretary or <br />Treasurer of the Board of Regents of the Corporation, the Executive Director and Controller of the <br />Corporation or any authorized representative of the Corporation designated from time to time to act <br />on behalf of the Corporation by written certificate furnished to the Lender containing a specimen <br />signature( s) of such person( s) and signed on behalf of the Corporation by an authorized signature. <br /> <br />"Corporation" means Oak Grove Lutheran School, a North Dakota nonprofit corporation <br />and its successors and assigns and any resulting or transferee corporation under Section 7.04 hereof. <br /> <br />"Counsel" means an attorney designated by or acceptable to the Lender duly admitted to <br />practice before the highest court of any state; an attorney for the Corporation or Issuer may be <br />eligible for appointment as Counsel. <br /> <br />"Determination of Taxability" means the issuance of a statutory notice of deficiency by the <br />Internal Revenue Service, or a final decision of a court of competent jurisdiction which holds in <br />effect that the interest payable on any Bond is includable in the gross income of a Holder under <br />Section 103(a) of the Code, after the period, if any, for contest or appeal of such action, ruling, or <br />decision has expired without any such contest or appeal having been properly instituted. <br />"Determination ofTaxability" does not mean or include among other things, the inclusion of interest <br />on the Bonds for purposes of computing alterative minimum taxes imposed upon individuals and <br />corporations pursuant to the Code, nor does it mean the branch profits tax imposed pursuant to <br />Section 884 of the Code, nor the inclusion of interest as passive investment income for subchapter <br />S corporations under Section 1375 of the Code. <br /> <br />1-2 <br />