SUCH TERM IN
SECTION 20.1.
1.26
"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.
1.27
"ENVIRONMENT"
SHALL MEAN SOIL, SURFACE WATERS, GROUND WATERS,
LAND, STREAM, SEDIMENTS, SURFACE OR SUBSURFACE STRATA AND AMBIENT AIR.
1.28
"ENVIRONMENTAL OBLIGATION"
SHALL HAVE THE MEANING GIVEN SUCH
TERM IN SECTION 4.4.1.
1.29
"ENVIRONMENTAL NOTICE"
SHALL HAVE THE MEANING GIVEN SUCH TERM
IN SECTION 4.4.1.
1.30
"EVENT OF DEFAULT"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN
SECTION 12.1.
1.31
"EXCESS GROSS REVENUES"
SHALL MEAN, WITH RESPECT TO EACH
PROPERTY, THE AMOUNT OF GROSS REVENUES FOR ANY LEASE YEAR, OR PORTION THEREOF,
IN EXCESS OF BASE GROSS REVENUES OR THE PRO-RATED PORTION THEREOF IN THE CASE OF
A LEASE YEAR WHICH IS NOT A FULL TWELVE-MONTH PERIOD.
6
1.32
"EXISTING FINANCING"
SHALL MEAN THE FINANCING SECURED BY ONE
OR MORE ENCUMBRANCES ON THE LEASED PROPERTY IN EFFECT AS OF THE DATE OF THIS
AGREEMENT.
1.33
"EXTENDED TERM"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN
SECTION 2.4.
1.34
"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.
1.35
"FACILITY MORTGAGE"
SHALL MEAN ANY ENCUMBRANCE PLACED UPON THE
LEASED PROPERTY, OR ANY PORTION THEREOF, IN ACCORDANCE WITH ARTICLE 20.
1.36
"FACILITY MORTGAGEE"
SHALL MEAN THE HOLDER OF ANY FACILITY
MORTGAGE.
1.37
"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.
1.38
"FISCAL YEAR"
SHALL MEAN THE CALENDAR YEAR OR SUCH OTHER
ANNUAL PERIOD DESIGNATED BY TENANT AND APPROVED BY LANDLORD.
1.39
"FIVE STAR"
SHALL MEAN FIVE STAR QUALITY CARE, INC., A
MARYLAND CORPORATION, AND ITS PERMITTED SUCCESSORS AND ASSIGNS.
1.40
"FIXED TERM"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN
SECTION 2.3.
1.41
"FIXTURES"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN
SECTION 2.1(D).
7
1.42
"GAAP"
SHALL MEAN GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
CONSISTENTLY APPLIED.
1.43
"GOVERNMENT AGENCIES"
SHALL MEAN ANY COURT, AGENCY, AUTHORITY,
BOARD (INCLUDING, WITHOUT LIMITATION, ENVIRONMENTAL PROTECTION, PLANNING AND
ZONING), BUREAU, COMMISSION, DEPARTMENT, OFFICE OR INSTRUMENTALITY OF