MEANING SET FORTH
IN SECTION 4.6.
(WW)
"NOTE" MEANS THAT CERTAIN PROMISSORY NOTE DATED DECEMBER 17, 2003 IN
THE ORIGINAL PRINCIPAL AMOUNT OF $21,000,000.00 MADE BY SELLER IN FAVOR OF
LENDER, AS AMENDED FROM TIME TO TIME.
(XX)
"OBJECTION DEADLINE" SHALL HAVE THE MEANING SET FORTH IN SECTION
4.3.
(YY)
"OBJECTION NOTICE" SHALL HAVE THE MEANING SET FORTH IN SECTION
4.3.
(ZZ)
"OBJECTIONS" SHALL HAVE THE MEANING SET FORTH IN SECTION 4.3.
(AAA)
"OPERATING EXPENSES" SHALL HAVE THE MEANING SET FORTH IN
SECTION 6.4.2.
(BBB)
"OPERATING STATEMENTS" SHALL HAVE THE MEANING SET FORTH ON
EXHIBIT I.
(CCC)
"PERMITS" MEANS, WITH RESPECT TO EACH PROPERTY, ALL LICENSES AND
PERMITS GRANTED BY ANY GOVERNMENTAL AUTHORITY HAVING JURISDICTION OVER SUCH
PROPERTY AND REQUIRED IN ORDER TO OWN AND OPERATE SUCH PROPERTY.
(DDD)
"PERMITTED EXCEPTIONS" SHALL HAVE THE MEANING SET FORTH IN
SECTION 4.4.
(EEE)
"PROHIBITED PERSON" MEANS ANY OF THE FOLLOWING:
(A) A PERSON OR
ENTITY THAT IS LISTED IN THE ANNEX TO, OR IS OTHERWISE SUBJECT TO THE PROVISIONS
OF, EXECUTIVE ORDER NO. 13224 ON TERRORIST FINANCING (EFFECTIVE SEPTEMBER 24,
2001) (THE "EXECUTIVE ORDER"); (B) A PERSON OR ENTITY OWNED OR CONTROLLED BY, OR
ACTING FOR OR ON BEHALF OF ANY PERSON OR ENTITY THAT IS LISTED IN THE ANNEX TO,
OR IS OTHERWISE SUBJECT TO THE PROVISIONS OF, THE EXECUTIVE ORDER; (C) A PERSON
OR ENTITY THAT IS NAMED AS A "SPECIALLY DESIGNATED NATIONAL" OR "BLOCKED PERSON"
ON THE MOST CURRENT LIST PUBLISHED BY THE U.S. TREASURY DEPARTMENT'S OFFICE OF
FOREIGN ASSETS CONTROL ("OFAC") AT ITS OFFICIAL WEBSITE,
; (D) A PERSON OR ENTITY THAT IS
OTHERWISE THE TARGET OF ANY ECONOMIC SANCTIONS PROGRAM CURRENTLY ADMINISTERED BY
OFAC; OR (E) A PERSON OR ENTITY THAT IS AFFILIATED WITH ANY PERSON OR ENTITY
IDENTIFIED IN CLAUSE (A), (B), (C) AND/OR (D) ABOVE.
(FFF)
"PROPERTY" MEANS (A) THE LAND AND IMPROVEMENTS AND ALL RIGHTS
OF SELLER, IF ANY, IN AND TO ALL OF THE EASEMENTS, RIGHTS, PRIVILEGES, AND
APPURTENANCES BELONGING OR IN ANY WAY APPERTAINING TO THE LAND AND IMPROVEMENTS,
(B) THE RIGHT, IF ANY AND ONLY TO THE EXTENT TRANSFERABLE, OF SELLER IN THE
PROPERTY CONTRACTS (OTHER THAN TERMINATED CONTRACTS), LEASES, PERMITS (OTHER
THAN EXCLUDED PERMITS), TENANT DEPOSITS AND THE FIXTURES AND TANGIBLE PERSONAL
PROPERTY RELATED TO THE LAND AND IMPROVEMENTS, AND (C) THE MISCELLANEOUS
PROPERTY ASSETS OWNED BY SELLER WHICH ARE LOCATED ON THE LAND AND IMPROVEMENTS
AND USED IN ITS OPERATION.
(GGG)
"PROPERTY CONTRACTS" MEANS ALL CONTRACTS, AGREEMENTS, EQUIPMENT
LEASES, PURCHASE ORDERS, MAINTENANCE, SERVICE, OR UTILITY CONTRACTS AND SIMILAR
CONTRACTS, EXCLUDING LEASES, WHICH RELATE TO THE OWNERSHIP, MAINTENANCE,
CONSTRUCTION OR REPAIR AND/OR OPERATION OF THE PROPERTY, BUT ONLY TO THE EXTENT
ASSIGNABLE BY THEIR TERMS OR APPLICABLE LAW (INCLUDING ANY CONTRACTS THAT ARE
ASSIGNABLE WITH THE CONSENT OF THE APPLICABLE VENDOR), AND NOT INCLUDING (A) ANY
NATIONAL CONTRACTS ENTERED INTO BY SELLER, PROPERTY MANAGER, OR AIMCO WITH
RESPECT TO THE PROPERTY (I) WHICH TERMINATE AUTOMATICALLY UPON TRANSFER OF THE
PROPERTY BY SELLER, OR (II) WHICH SELLER, IN SELLER'S SOLE DISCRETION,