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 OR ANY COUNTY OR ANY POLITICAL SUBDIVISION OF ANY OF THE FOREGOING,
WHETHER NOW OR HEREAFTER IN EXISTENCE, HAVING JURISDICTION OVER TENANT OR ANY
PROPERTY, OR ANY PORTION THEREOF, OR ANY FACILITY OPERATED THEREON.
1.42
"GROSS REVENUES"
SHALL MEAN, FOR EACH FISCAL YEAR DURING THE TERM,
IN THE AGGREGATE, ALL REVENUES AND RECEIPTS (DETERMINED ON AN ACCRUAL BASIS