OF
PROPERTY OR ASSETS FOR THE PURPOSE OF SUBJECTING THE SAME TO THE PAYMENT OF
INDEBTEDNESS OR PERFORMANCE OF ANY OTHER OBLIGATION IN PRIORITY TO PAYMENT OF
GENERAL CREDITORS.
1.67
"MINIMUM RENT"
SHALL MEAN SIXTY-TWO MILLION TWO HUNDRED TWENTY-FIVE
THOUSAND AND 00/100 DOLLARS ($62,225,000.00) PER ANNUM; SUBJECT, IN EACH CASE,
TO ADJUSTMENT AS PROVIDED IN SECTION 3.1.1(B).
1.68
"NOTICE"
SHALL MEAN A NOTICE GIVEN IN ACCORDANCE WITH SECTION 23.10.
1.69
"OFFICER'S CERTIFICATE"
SHALL MEAN A CERTIFICATE SIGNED BY AN OFFICER OR
OTHER DULY AUTHORIZED INDIVIDUAL OF THE CERTIFYING ENTITY DULY AUTHORIZED BY THE
BOARD OF DIRECTORS OR OTHER GOVERNING BODY OF THE CERTIFYING ENTITY.
1.70
"OVERDUE RATE"
SHALL MEAN, ON ANY DATE, A PER ANNUM RATE OF INTEREST
EQUAL TO THE LESSER OF THE DISBURSEMENT RATE
13
PLUS FOUR PERCENT (4%) AND THE MAXIMUM RATE THEN PERMITTED UNDER APPLICABLE LAW.
1.71
"PARENT"
SHALL MEAN, WITH RESPECT TO ANY PERSON, ANY PERSON WHICH OWNS
DIRECTLY, OR INDIRECTLY THROUGH ONE OR MORE SUBSIDIARIES OR AFFILIATED PERSONS,
TWENTY PERCENT (20%) OR MORE OF THE VOTING OR BENEFICIAL INTEREST IN, OR
OTHERWISE HAS THE RIGHT OR POWER (WHETHER BY CONTRACT, THROUGH OWNERSHIP OF
SECURITIES OR OTHERWISE) TO CONTROL, SUCH PERSON.
1.72
"PERMITTED ENCUMBRANCES"
SHALL MEAN, WITH RESPECT TO ANY PROPERTY, ALL
RIGHTS, RESTRICTIONS, AND EASEMENTS OF RECORD SET FORTH ON SCHEDULE B TO THE
APPLICABLE OWNER'S OR LEASEHOLD TITLE INSURANCE POLICY ISSUED TO LANDLORD WITH
RESPECT TO SUCH PROPERTY, PLUS ANY OTHER ENCUMBRANCES AS MAY HAVE BEEN GRANTED
OR CAUSED BY LANDLORD OR OTHERWISE CONSENTED TO IN WRITING BY LANDLORD FROM TIME
TO TIME.
1.73
"PERMITTED LIENS"
SHALL MEAN ANY LIENS GRANTED IN ACCORDANCE WITH SECTION
21.8(A).
1.74
"PERMITTED USE"
SHALL MEAN, WITH RESPECT TO ANY PROPERTY, ANY USE OF SUCH
PROPERTY PERMITTED PURSUANT TO SECTION 4.1.1.
1.75
"PERSON"
SHALL MEAN ANY INDIVIDUAL OR ENTITY, AND THE HEIRS, EXECUTORS,
ADMINISTRATORS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF SUCH PERSON
WHERE THE CONTEXT SO ADMITS.
1.76
"PROPERTY"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN SECTION 2.1.
1.77
"PROPERTY MORTGAGE"
SHALL MEAN ANY ENCUMBRANCE PLACED UPON THE LEASED
PROPERTY, OR ANY PORTION THEREOF, IN ACCORDANCE WITH ARTICLE 20.
1.78
"PROPERTY MORTGAGEE"
SHALL MEAN THE HOLDER OF ANY PROPERTY MORTGAGE.
1.79
"RENT"
SHALL MEAN, COLLECTIVELY, THE MINIMUM RENT, ADDITIONAL RENT AND
ADDITIONAL CHARGES.
1.80
"SARA"
SHALL MEAN THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF
1986, AS THE SAME HAS BEEN AND MAY BE AMENDED, RESTATED, MODIFIED OR
SUPPLEMENTED FROM TIME TO TIME.
14
1.81
"SEC"
SHALL MEAN THE SECURITIES AND EXCHANGE COMMISSION.
1.82
"STATE"
SHALL MEAN, WITH RESPECT TO ANY PROPERTY, THE STATE, COMMONWEALTH
OR DISTRICT IN WHICH SUCH PROPERTY IS LOCATED.
1.83
"SUBORDINATED CREDITOR"
SHALL MEAN ANY CREDITOR OF TENANT WHICH IS A
PARTY TO A SUBORDINATION AGREEMENT IN FAVOR OF LANDLORD.
1.84
"SUBORDINATION AGREEMENT"
SHALL MEAN ANY AGREEMENT (AND ANY AMENDMENTS
THERETO) EXECUTED BY A SUBORDINATED CREDITOR PURSUANT TO WHICH THE PAYMENT AND
PERFORMANCE OF TENANT'S OBLIGATIONS TO SUCH SUBORDINATED CREDITOR ARE
SUBORDINATED TO THE PAYMENT AND PERFORMANCE OF TENANT'S OBLIGATIONS TO LANDLORD