DULY AUTHORIZED BY THE BOARD OF DIRECTORS OR OTHER GOVERNING BODY OF THE
CERTIFYING ENTITY.
1.64
"OVERDUE RATE"
SHALL MEAN, ON ANY DATE, A PER ANNUM
RATE OF INTEREST EQUAL TO THE LESSER OF FIFTEEN PERCENT (15%) AND THE MAXIMUM
RATE THEN PERMITTED UNDER APPLICABLE LAW.
1.65
"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.
1.66
"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.
1.67
"PERMITTED LIENS"
SHALL MEAN ANY LIENS GRANTED IN
ACCORDANCE WITH SECTION 21.8(A).
1.68
"PERMITTED USE"
SHALL MEAN, WITH RESPECT TO ANY
PROPERTY, ANY USE OF SUCH PROPERTY PERMITTED PURSUANT TO SECTION 4.1.1.
12
1.69
"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.
1.70
"PLEDGE AGREEMENT"
SHALL MEAN THE PLEDGE AGREEMENT,
DATED AS OF THE DATE HEREOF, MADE BY FSQ, INC. IN FAVOR OF LANDLORD WITH RESPECT
TO THE STOCK OR OTHER EQUITY INTERESTS OF TENANT, AS AMENDED, RESTATED,
SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME.
1.71
"PROPERTY"
SHALL HAVE THE MEANING GIVEN SUCH TERM
IN SECTION 2.1.
1.72
"PROVIDER AGREEMENTS"
SHALL MEAN ALL PARTICIPATION,
PROVIDER AND REIMBURSEMENT AGREEMENTS OR ARRANGEMENTS NOW OR HEREAFTER IN EFFECT
FOR THE BENEFIT OF TENANT OR ANY MANAGER IN CONNECTION WITH THE OPERATION OF ANY
FACILITY RELATING TO ANY RIGHT OF PAYMENT OR OTHER CLAIM ARISING OUT OF OR IN
CONNECTION WITH TENANT'S PARTICIPATION IN ANY THIRD PARTY PAYOR PROGRAM.
1.73
"RECORDS"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN
SECTION 7.2.
1.74
"REGULATED MEDICAL WASTES"
SHALL MEAN ALL MATERIALS
GENERATED BY TENANT, SUBTENANTS, PATIENTS, OCCUPANTS OR THE OPERATORS OF THE
LEASED PROPERTY WHICH ARE NOW OR MAY HEREAFTER BE SUBJECT TO REGULATION PURSUANT
TO THE MATERIAL WASTE TRACKING ACT OF 1988, OR ANY APPLICABLE LAWS PROMULGATED
BY ANY GOVERNMENT AGENCIES.
1.75
"RENT"
SHALL MEAN, COLLECTIVELY, THE MINIMUM RENT
AND ADDITIONAL CHARGES.
1.76
"SEC"
SHALL MEAN THE SECURITIES AND EXCHANGE
COMMISSION.
1.77
"SECURITY AGREEMENT"
SHALL MEAN ANY SECURITY
AGREEMENT MADE BY TENANT FOR THE BENEFIT OF LANDLORD, AS IT MAY BE AMENDED,
RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED FROM TIME TO TIME.
1.78
"STATE"
SHALL MEAN THE COMMONWEALTH OF
MASSACHUSETTS.
1.79
"SUBORDINATED CREDITOR"
SHALL MEAN ANY CREDITOR OF
TENANT WHICH IS A PARTY TO A SUBORDINATION AGREEMENT IN FAVOR OF LANDLORD.
13
1.80
"SUBORDINATION AGREEMENT"
SHALL MEAN ANY AGREEMENT
(AND ANY AMENDMENTS THERETO) EXECUTED BY A SUBORDINATED CREDITOR PURSUANT