LICENSES AND OTHER
AGREEMENTS WHICH ARE PERMITTED ENCUMBRANCES AND SUCH OTHER AGREEMENTS AS MAY BE
GRANTED IN ACCORDANCE WITH SECTION 19.1.
1.24
"ENCUMBRANCE"
SHALL HAVE THE MEANING GIVEN SUCH
TERM IN SECTION 20.1.
1.25
"ENTITY"
SHALL MEAN ANY CORPORATION, GENERAL OR
LIMITED PARTNERSHIP, LIMITED LIABILITY COMPANY OR PARTNERSHIP, STOCK COMPANY OR
ASSOCIATION, JOINT VENTURE, ASSOCIATION, COMPANY, TRUST, BANK, TRUST COMPANY,
LAND TRUST, BUSINESS TRUST, COOPERATIVE, ANY GOVERNMENT OR AGENCY, AUTHORITY OR
POLITICAL SUBDIVISION THEREOF OR ANY OTHER ENTITY.
1.26
"ENVIRONMENT"
SHALL MEAN SOIL, SURFACE WATERS,
GROUND WATERS, LAND, STREAM, SEDIMENTS, SURFACE OR SUBSURFACE STRATA AND AMBIENT
AIR.
1.27
"ENVIRONMENTAL OBLIGATION"
SHALL HAVE THE MEANING
GIVEN SUCH TERM IN SECTION 4.4.1.
1.28
"ENVIRONMENTAL NOTICE"
SHALL HAVE THE MEANING GIVEN
SUCH TERM IN SECTION 4.4.1.
1.29
"EVENT OF DEFAULT"
SHALL HAVE THE MEANING GIVEN
SUCH TERM IN SECTION 12.1.
1.30
"EXCESS GROSS REVENUES"
SHALL MEAN THE AMOUNT OF
GROSS REVENUES FOR ANY LEASE YEAR, OR PORTION THEREOF, IN EXCESS OF BASE GROSS
REVENUES FOR THE EQUIVALENT PERIOD DURING THE BASE YEAR.
1.31
"EXTENDED TERM"
SHALL HAVE THE MEANING GIVEN SUCH
TERM IN SECTION 2.4.
1.32
"FACILITY"
SHALL MEAN, WITH RESPECT TO ANY
PROPERTY, THE SKILLED NURSING/INTERMEDIATE CARE/INDEPENDENT LIVING/ASSISTED
LIVING/SPECIAL CARE/GROUP HOME FACILITY BEING OPERATED OR PROPOSED TO BE
OPERATED ON SUCH PROPERTY.
1.33
"FACILITY MORTGAGE"
SHALL MEAN ANY ENCUMBRANCE
PLACED UPON THE LEASED PROPERTY, OR ANY PORTION THEREOF, IN ACCORDANCE WITH
ARTICLE 20.
6
1.34
"FACILITY MORTGAGEE"
SHALL MEAN THE HOLDER OF ANY
FACILITY MORTGAGE.
1.35
"FINANCIAL OFFICER'S CERTIFICATE"
SHALL MEAN, AS TO
ANY PERSON, A CERTIFICATE OF THE CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL
OFFICER OR CHIEF ACCOUNTING OFFICER (OR SUCH OFFICERS' AUTHORIZED DESIGNEE) OF
SUCH PERSON, DULY AUTHORIZED, ACCOMPANYING THE FINANCIAL STATEMENTS REQUIRED TO
BE DELIVERED BY SUCH PERSON PURSUANT TO SECTION 17.2, IN WHICH SUCH OFFICER
SHALL CERTIFY (A) THAT SUCH STATEMENTS HAVE BEEN PROPERLY PREPARED IN ACCORDANCE
WITH GAAP AND ARE TRUE, CORRECT AND COMPLETE IN ALL MATERIAL RESPECTS AND FAIRLY
PRESENT THE CONSOLIDATED FINANCIAL CONDITION OF SUCH PERSON AT AND AS OF THE
DATES THEREOF AND THE RESULTS OF ITS AND THEIR OPERATIONS FOR THE PERIODS
COVERED THEREBY, AND (B) IN THE EVENT THAT THE CERTIFYING PARTY IS AN OFFICER OF
TENANT AND THE CERTIFICATE IS BEING GIVEN IN SUCH CAPACITY, THAT NO EVENT OF
DEFAULT HAS OCCURRED AND IS CONTINUING HEREUNDER.
1.36
"FISCAL YEAR"
SHALL MEAN THE CALENDAR YEAR OR SUCH
OTHER ANNUAL PERIOD DESIGNATED BY TENANT AND APPROVED BY LANDLORD.
1.37
"FIVE STAR"
SHALL MEAN FIVE STAR QUALITY
CARE, INC., A MARYLAND CORPORATION, AND ITS PERMITTED SUCCESSORS AND ASSIGNS.
1.38
"FIXED TERM"
SHALL HAVE THE MEANING GIVEN SUCH TERM
IN SECTION 2.3.
1.39
"FIXTURES"
SHALL HAVE THE MEANING GIVEN SUCH TERM
IN SECTION 2.1(D).
1.40
"GAAP"
SHALL MEAN GENERALLY ACCEPTED ACCOUNTING
PRINCIPLES CONSISTENTLY APPLIED.
1.41
"GOVERNMENT AGENCIES"
SHALL MEAN ANY COURT, AGENCY,
AUTHORITY, BOARD (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL PROTECTION,
PLANNING AND ZONING), BUREAU, COMMISSION, DEPARTMENT, OFFICE OR INSTRUMENTALITY
OF ANY NATURE WHATSOEVER OF ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL UNIT OF THE
UNITED STATES OR ANY STATE