A CORPORATION, (C)
ANY OTHER DISTRIBUTION ON OR IN RESPECT OF ANY SHARES OF ANY CLASS OF CAPITAL
STOCK OF A CORPORATION OR (D) ANY RETURN OF CAPITAL TO SHAREHOLDERS.
1.20
"EASEMENT AGREEMENT"
SHALL MEAN ANY CONDITIONS, COVENANTS AND
RESTRICTIONS, EASEMENTS, DECLARATIONS, LICENSES AND OTHER AGREEMENTS WHICH ARE
PERMITTED ENCUMBRANCES AND SUCH OTHER AGREEMENTS AS MAY BE GRANTED IN ACCORDANCE
WITH SECTION 19.1.
1.21
"ENCUMBRANCE"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN SECTION
20.1.
1.22
"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.
1.23
"ENVIRONMENT"
SHALL MEAN SOIL, SURFACE WATERS, GROUND WATERS, LAND,
STREAM, SEDIMENTS, SURFACE OR SUBSURFACE STRATA AND AMBIENT AIR.
1.24
"ENVIRONMENTAL OBLIGATION"
SHALL HAVE THE MEANING GIVEN SUCH TERM
IN SECTION 4.4.1.
1.25
"ENVIRONMENTAL NOTICE"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN
SECTION 4.4.1.
1.26
"EVENT OF DEFAULT"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN
SECTION 12.1.
1.27
"EXTENDED TERM"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN SECTION
2.4.
1.28
"FACILITY"
SHALL MEAN, WITH RESPECT TO ANY PROPERTY, THE
REHABILITATION HOSPITAL BEING OPERATED ON SUCH PROPERTY, AND, SPECIFICALLY
INCLUDING, WITHOUT LIMITATION, (I) WITH RESPECT TO THE FACILITY KNOWN AS NEW
ENGLAND REHABILITATION HOSPITAL, WOBURN, MASSACHUSETTS, THE RIGHT TO OPERATE THE
198
5
BEDS LICENSED AT SUCH FACILITY, (II) WITH RESPECT TO THE FACILITY KNOWN AS
BRAINTREE REHABILITATION HOSPITAL, THE RIGHT TO OPERATE THE 187 BEDS LICENSED AT
SUCH FACILITY, AND (III) ANY OTHER TANGIBLE OR INTANGIBLE RIGHTS ASSOCIATED
WITH, OR INCIDENTAL TO, ANY LICENSES, REGISTRATIONS AND PERMITS USED BY SUCH
HOSPITALS IN THE CONDUCT OF THEIR BUSINESS AND PROVISION OF PATIENT SERVICES.
1.29
"FACILITY MORTGAGE"
SHALL MEAN ANY ENCUMBRANCE PLACED UPON THE
LEASED PROPERTY, OR ANY PORTION THEREOF, IN ACCORDANCE WITH ARTICLE 20.
1.30
"FACILITY MORTGAGEE"
SHALL MEAN THE HOLDER OF ANY FACILITY
MORTGAGE.
1.31
"FACILITY TRADE NAMES"
SHALL MEAN, WITH RESPECT TO ANY PROPERTY,
ANY OF THE NAMES UNDER WHICH TENANT OPERATES, OR HAS OPERATED, THE FACILITY AT
SUCH PROPERTY AT ANY TIME DURING THE TERM.
1.32
"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