DULY
AUTHORIZED BY THE BOARD OF DIRECTORS OR OTHER GOVERNING BODY OF THE CERTIFYING
ENTITY.
1.71
"OVERDUE RATE"
SHALL MEAN, ON ANY DATE, A PER ANNUM RATE OF
INTEREST EQUAL TO THE LESSER OF FIFTEEN PERCENT (15%) AND THE MAXIMUM RATE THEN
PERMITTED UNDER APPLICABLE LAW.
1.72
"PARENT"
SHALL MEAN, WITH RESPECT TO ANY PERSON, ANY PERSON WHICH
OWNS DIRECTLY, OR INDIRECTLY THROUGH ONE OR MORE SUBSIDIARIES OR AFFILIATED
PERSONS, TWENTY PERCENT (20%) OR MORE OF THE VOTING OR BENEFICIAL INTEREST IN,
OR OTHERWISE HAS THE RIGHT OR POWER (WHETHER BY CONTRACT, THROUGH OWNERSHIP OF
SECURITIES OR OTHERWISE) TO CONTROL, SUCH PERSON.
1.73
"PERMITTED ENCUMBRANCES"
SHALL MEAN, WITH RESPECT TO ANY PROPERTY,
ALL RIGHTS, RESTRICTIONS, AND EASEMENTS OF RECORD SET FORTH ON SCHEDULE B TO THE
APPLICABLE OWNER'S OR LEASEHOLD TITLE INSURANCE POLICY ISSUED TO LANDLORD WITH
RESPECT TO SUCH PROPERTY, PLUS ANY OTHER ENCUMBRANCES AS MAY HAVE BEEN GRANTED
OR CAUSED BY LANDLORD OR OTHERWISE CONSENTED TO IN WRITING BY LANDLORD FROM TIME
TO TIME.
1.74
"PERMITTED LIENS"
SHALL MEAN ANY LIENS GRANTED IN ACCORDANCE WITH
SECTION 21.8(A).
1.75
"PERMITTED USE"
SHALL MEAN, WITH RESPECT TO ANY PROPERTY, ANY USE
OF SUCH PROPERTY PERMITTED PURSUANT TO SECTION 4.1.1.
1.76
"PERSON"
SHALL MEAN ANY INDIVIDUAL OR ENTITY, AND THE HEIRS,
EXECUTORS, ADMINISTRATORS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF SUCH
PERSON WHERE THE CONTEXT SO ADMITS.
1.77
"PLEDGE AGREEMENT"
SHALL MEAN THE PLEDGE AGREEMENT, DATED AS OF THE
DECEMBER 31, 2002, MADE BY FSQ, INC. IN FAVOR OF LANDLORD WITH RESPECT TO THE
STOCK OR OTHER EQUITY INTERESTS OF TENANT, AS IT MAY BE AMENDED, RESTATED,
SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME.
1.78
"PROPERTY"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN SECTION 2.1.
1.79
"PROVIDER AGREEMENTS"
SHALL MEAN ALL PARTICIPATION, PROVIDER AND
REIMBURSEMENT AGREEMENTS OR ARRANGEMENTS NOW OR HEREAFTER
12
IN EFFECT FOR THE BENEFIT OF TENANT OR ANY MANAGER IN CONNECTION WITH THE
OPERATION OF ANY FACILITY RELATING TO ANY RIGHT OF PAYMENT OR OTHER CLAIM
ARISING OUT OF OR IN CONNECTION WITH TENANT'S PARTICIPATION IN ANY THIRD PARTY
PAYOR PROGRAM.
1.80
"RECORDS"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN SECTION 7.2.
1.81
"REGULATED MEDICAL WASTES"
SHALL MEAN ALL MATERIALS GENERATED BY
TENANT, SUBTENANTS, PATIENTS, OCCUPANTS OR THE OPERATORS OF THE LEASED
PROPERTIES WHICH ARE NOW OR MAY HEREAFTER BE SUBJECT TO REGULATION PURSUANT TO
THE MATERIAL WASTE TRACKING ACT OF 1988, OR ANY APPLICABLE LAWS PROMULGATED BY
ANY GOVERNMENT AGENCIES.
1.82
"RENT"
SHALL MEAN, COLLECTIVELY, THE MINIMUM RENT, ADDITIONAL RENT
AND ADDITIONAL CHARGES.
1.83
"SEC"
SHALL MEAN THE SECURITIES AND EXCHANGE COMMISSION.
1.84
"SECURITY AGREEMENT"
SHALL MEAN ANY SECURITY AGREEMENT MADE BY
TENANT FOR THE BENEFIT OF LANDLORD, AS IT MAY BE AMENDED, RESTATED, SUPPLEMENTED
OR OTHERWISE MODIFIED FROM TIME TO TIME.
1.85
"STATE"
SHALL MEAN, WITH RESPECT TO ANY PROPERTY, THE STATE,
COMMONWEALTH OR DISTRICT IN WHICH THE SUCH PROPERTY IS LOCATED.
1.86
"SUBORDINATED CREDITOR"
SHALL MEAN ANY CREDITOR OF TENANT WHICH IS
A PARTY TO A SUBORDINATION AGREEMENT IN FAVOR OF LANDLORD.