City Land I, LLC, a Delaware limited liability company.
"IDOT Guaranty" means each Guaranty executed by the IDOT Guarantor as the same
may be amended, restated, modified or supplemented from time to time.
"Impositions" means, with respect to any Mortgaged Property, all (1) water and
sewer charges which, if not paid, may result in a lien on all or any part of the
Mortgaged Property, (2) premiums for fire and other hazard insurance, rent loss
insurance and such other insurance as Lender may require under any Security
Instrument, (3) Taxes, and (4) amounts for other charges and expenses which
Lender at any time reasonably deems necessary to protect the Mortgaged Property,
to prevent the imposition of liens on the Mortgaged Property, or otherwise to
protect Lender's interests.
"Indebtedness" means, with respect to any Person, as of any specified date,
without duplication, all:
(A)
INDEBTEDNESS OF SUCH PERSON FOR BORROWED MONEY OR FOR THE DEFERRED
PURCHASE PRICE OF PROPERTY OR SERVICES (OTHER THAN (I) CURRENT TRADE LIABILITIES
INCURRED IN THE ORDINARY COURSE OF BUSINESS AND PAYABLE IN ACCORDANCE WITH
CUSTOMARY PRACTICES, AND (II) FOR CONSTRUCTION OF IMPROVEMENTS TO PROPERTY, IF
SUCH PERSON HAS A NON-CONTINGENT CONTRACT TO PURCHASE SUCH PROPERTY);
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(B)
OTHER INDEBTEDNESS OF SUCH PERSON THAT IS EVIDENCED BY A NOTE,
BOND, DEBENTURE OR SIMILAR INSTRUMENT;
(C)
OBLIGATIONS OF SUCH PERSON AS LESSEE UNDER ANY LEASE OF PROPERTY,
REAL OR PERSONAL, WHICH OBLIGATIONS ARE REQUIRED BY GAAP TO BE CAPITALIZED ON A
BALANCE SHEET OF THE LESSEE OR TO BE OTHERWISE DISCLOSED AS SUCH IN A NOTE TO
SUCH BALANCE SHEET;
(D)
OBLIGATIONS OF SUCH PERSON IN RESPECT OF ACCEPTANCES (AS DEFINED
IN ARTICLE 3 OF THE UNIFORM COMMERCIAL CODE OF THE DISTRICT OF COLUMBIA) ISSUED
OR CREATED FOR THE ACCOUNT OF SUCH PERSON;
(E)
LIABILITIES SECURED BY ANY LIEN ON ANY PROPERTY OWNED BY SUCH
PERSON EVEN THOUGH SUCH PERSON HAS NOT ASSUMED OR OTHERWISE BECOME LIABLE FOR
THE PAYMENT OF SUCH LIABILITIES; AND
(F)
AS TO ANY PERSON ("GUARANTEEING PERSON"), ANY OBLIGATION OF
(A) THE GUARANTEEING PERSON OR (B) ANOTHER PERSON (INCLUDING ANY BANK UNDER ANY
LETTER OF CREDIT) TO INDUCE THE CREATION OF A PRIMARY OBLIGATION (AS DEFINED
BELOW) WITH RESPECT TO WHICH THE GUARANTEEING PERSON HAS ISSUED A REIMBURSEMENT,
COUNTERINDEMNITY OR SIMILAR OBLIGATION, IN EITHER CASE GUARANTEEING, OR IN
EFFECT GUARANTEEING, ANY INDEBTEDNESS, LEASE, DIVIDEND OR OTHER OBLIGATION
("PRIMARY OBLIGATIONS") OF ANY THIRD PERSON ("PRIMARY OBLIGOR") IN ANY MANNER,
WHETHER DIRECTLY OR INDIRECTLY, INCLUDING ANY OBLIGATION OF THE GUARANTEEING
PERSON, WHETHER OR NOT CONTINGENT, TO (1) PURCHASE ANY SUCH PRIMARY OBLIGATION
OR ANY PROPERTY CONSTITUTING DIRECT OR INDIRECT SECURITY THEREFOR, (2) ADVANCE
OR SUPPLY FUNDS FOR THE PURCHASE OR PAYMENT OF ANY SUCH PRIMARY OBLIGATION OR TO
MAINTAIN WORKING CAPITAL OR EQUITY CAPITAL OF THE PRIMARY OBLIGOR OR OTHERWISE
TO MAINTAIN THE NET WORTH OR SOLVENCY OF THE PRIMARY OBLIGOR, (3) PURCHASE
PROPERTY, SECURITIES OR SERVICES PRIMARILY FOR THE PURPOSE OF ASSURING THE OWNER
OF ANY SUCH PRIMARY OBLIGATION OF THE ABILITY OF THE