11-14-01 1. INDENTURE OF TRUST - Laserfiche WebLink

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ARTICLE I Definitions and Interpretation Section 1.01 Definitions. Capitalized terms defined herein and not required to be otherwise capitalized are used with the meanings, if any, ascribed thereto in the Loan Agreement or the Mortgage. Unless the context otherwise requires,the terms defined in this Article I and in the Recitals,Granting Clauses and succeeding Articles of this Indenture shall, for all purposes of this Indenture and of any Supplemental Indenture supplemental hereto,have the meanings herein specified,such definitions to be equally applicable to both the singular and plural forms of any of the terms defined: "Act" means the Minnesota Statutes, Chapter 462C, as in effect on the Date of Issuance or as otherwise applicable to any Series of Bonds. "Additional Bonds" means any bonds issued in compliance with the terms of Section 2.09 and secured by this Indenture. "Affiliate" means with respect to any person, any second person who controls, is controlled by or is under common control with the firs person, directly or indirectly (including through one or more intermediaries). "Authorized Borrower Representative" means the same as that term is defined in the Loan Agreement. "Authorized City Representative"means the person at the time designated to act on behalf of the City by written certificate furnished to the Borrower and Trustee containing the specimen signature of such person and signed on behalf of the City by its Mayor or its City Administrator. Such certificate may designate an alternate or alternates. "Authorized Denomination"means,(i)in the case of Series 2001 Bonds,any multiple of$5,000,and (ii)in the case of any Additional Bonds of any Series,the amounts designated as Authorized Denominations in any Supplemental Indenture for the Additional Bonds. "Average Annual Debt Service"means the average of the aggregate annual payments of principal of and interest on all outstanding Bonds of any or all Series(in all years in which principal on outstanding Bonds is due by maturity or sinking fund redemption) in the current and any future calendar year, but excluding from such calculation for each year in which a Senior Bond finally matures, any amount of the Debt Service Reserve Fund anticipated on the Date of Issuance of the Series to be applied to the payment of principal of or interest on the Series at its maturity. "Beneficial Owner" means with respect to any Series of Bonds while in Book-Entry Form, each person who beneficially owns such Bond(s)and on whose behalf,directly or indirectly, such Bond is held by the Depository pursuant to a Book-Entry System. - 4 -