11-14-01 2. LOAN AGREEMENT - Laserfiche WebLink

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"Fiscal Year" means the fiscal year of the Borrower designated from time to time in writing to the Trustee,and shall initially mean the 12-month period commencing each January 1. "501(c)(3)Organization"means an organization described in Section 501(c)(3)of the Code whose income is exempt from taxation under Section 501(a) of the Code. "Force Majeure" means any one or more of the following: acts of God; strikes, lockouts or other economic disturbances; acts of public enemies;orders or restraints of any kind of the government of the United States or of the State or any of their departments, agencies, or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts, floods or other adverse weather conditions; explosions;breakages or accident to machinery, transmission pipes or canals; temporary inability to obtain supplies or materials or governmental permits or licenses (other than licenses and permits necessary to commence construction of the Project); or any other cause or event not reasonably within the control of the Borrower. "Governmental Unit" means any state or any political subdivision of a state. "Gross Revenues" means, for any period, (i) all Project Revenues, (ii) all investment income of the Borrower or on amounts held by the Trustee(other than in the Project Fund or the Rebate Fund) under the terms of this Indenture, (iii) all contributions to the Borrower that are available to pay all principal and interest on all Indebtedness of the Borrower and all Operating Expenses, (iv) all Tax Increment Revenues received from the City under the Tax Increment Note or from any other source, and (v) all other non-operating income of the Borrower, excluding unrealized gains on investments, income from the forgiveness of Indebtedness, proceeds of any borrowing, proceeds from the sale of any asset not occurring in the ordinary course of business, and any item of an extraordinary or nonrecurring nature. "Ground Lease" means the Ground Lease between the Borrower and the Orono Housing and Redevelopment Authority(the "HRA"), dated as of November 1, 2001, by which the HRA has conveyed a leasehold interest in the Land to the Borrower. "Improvements" means any additions, enlargements, improvements, extensions, alterations, or renovations of or to the Project Facilities as they then exist, and any fixtures, structures or other facilities acquired or constructed by the Borrower and located on the Land. "Indebtedness" means (i) all indebtedness,whether or not represented by bonds, debentures,notes or other securities,for the repayment of money borrowed,(ii)all indebtedness for the payment of the purchase price of property or assets purchased, (iii) all guaranties, endorsements, assumptions and other contingent obligations with respect to, or to purchase or to otherwise acquire, indebtedness of others, (iv) all indebtedness secured by any mortgage, pledge or lien existing on property owned, subject to such mortgage,pledge or lien,whether or not indebtedness secured thereby shall have been assumed, and (v) installment purchase contracts, loans secured by purchase money security interests, lease-purchase agreements or -4-