|
<br />Page | 5
<br />9138-126780\1512539.3
<br />amendments and exhibits hereto), as now or hereafter amended.
<br />1.1.26. “Leasehold Estate” is defined in Section 17.1.1.
<br />1.1.27. “Leasehold Foreclosure Transferee” is defined in Section 17.1.2.
<br />1.1.28. “Leasehold Mortgage” is defined in Section 17.1.3.
<br />1.1.29. “Leasehold Mortgagee” is defined in Section 17.1.4.
<br />1.1.30. “Lender” shall mean: (a) a bank, savings bank, investment bank, savings and
<br />loan association, mortgage company, insurance company, trust company, commercial credit
<br />corporation, real estate investment trust, pension trust or real estate mortgage investment conduit; or
<br />(b) some other type of lender engaged in the business of making commercial loans, provided that
<br />such other type of lender has total assets of at least $2,000,000 and capital/statutory surplus or
<br />shareholder’s equity of at least $500,000,000 (or a substantially similar financial capacity if the
<br />foregoing tests are not applicable to such type of lender); or (c) a local, state or federal governmental
<br />entity, including but not limited to HCD, which provides predevelopment, acquisition, construction
<br />and/or permanent financing for Tenant’s acquisition and developme nt of the Property.
<br />1.1.31. “Lessor’s Interest” shall mean all of Agency’s interests in the real property,
<br />the Premises, this Lease and its existing, as well as the Improvements upon the expiration of the
<br />Term or earlier termination thereof.
<br />1.1.32. “Lessor Parties” shall mean, collectively and individually, the Agency and
<br />their respective Affiliates, governing boards, agents, employees, members, officers, directors and
<br />attorneys.
<br />1.1.33. “Net Refinancing Proceeds” is defined in Section 3.2.
<br />1.1.34. “New Lease” is defined in Section 17.7.1.
<br />1.1.35. “Operating Costs” is defined in Section 3.4.1.
<br />1.1.36. “Ownership Interests” shall mean the share(s) of stock, partnership interests,
<br />membership interests, other equity interests or any other direct or indirect ownership interests in
<br />Tenant, regardless of the form of ownership and regardless of whether such interests are owned
<br />directly or through one or more layers of constituent partnerships, corporations, limited liability
<br />companies, or trusts.
<br />1.1.37. “Person” shall include firms, associations, partnerships, joint ventures, trusts,
<br />corporations and other legal entities, including public or governmental bodies, agencies or
<br />instrumentalities, as well as natural persons.
<br />1.1.38. “Premises” shall mean that certain real property containing approximately
<br />________ acres of undeveloped land in the City, together with all easements, rights and privileges
<br />appurtenant thereto, to be leased to Tenant pursuant to this Lease and on which Tenant intends to
<br />construct the Improvements. The legal description of the Premises is attached hereto as Exhibit A.
<br />1.1.39. “Project” shall mean the Improvements, and all related appurtenances,
<br />EXHIBIT 5
|