initial Remarketing Agent's fees, placement agents' fees, costs of credit
ratings, Credit Facility issuance fees and charges for execution, transportation
and safekeeping of the Bonds and related documents, and other costs, charges and
fees in connection with the foregoing.
"Issuance Fee" means the Bond issuance fee payable to the Issuer on or
before the Effective Date in the amount of $15,000.
"Municipality" means the City of Southaven, Mississippi.
"Permitted Encumbrances" means and includes (a) the rights of the Issuer,
the Trustee and the Bank and the liens created under the Agreement; (b) the
rights of the Issuer, the Trustee and the Bank created under the Indenture and
assignment of the Agreement; (c) any lien, encumbrance or charge, which is
subordinate in all respects to the interest of the Issuer, the Trustee and the
Bank; (d) any liens granted to the Bank; and (e) liens permitted by the
Reimbursement Agreement or consented to by the Bank in writing.
"Project" means the acquisition and installation of machinery, equipment
and fixtures in a distribution facility located in the Municipality, as more
fully described in Exhibit A hereto, including such modifications thereof,
substitutions therefor, and Improvements to the Project, and excluding such
deletions therefrom, as shall be made in accordance with the Agreement.
"Project Costs" means (a) obligations of the Issuer or the Obligor
incurred for labor and materials and to contractors, builders and materialmen in
connection with the acquisition, construction, equipping and installation of the
Project; (b) the cost of contract bonds and of insurance of all kinds that may
be required or necessary during the course of construction of the Project which
is not paid by the contractor or contractors or otherwise provided for; (c) all
costs of engineering services, including test borings, surveys, estimates, plans
and specifications and preliminary investigations, and supervising construction,
as well as for the performance of all other duties required by or consequent
upon the proper construction of the Project; (d) Issuance Costs; (e) all other
costs which the Obligor shall be required to pay, under the terms of any
contract or contracts, for the acquisition, construction, equipping and
installation of the Project; (f) other costs of a nature comparable to those
described in clauses (a) through (e) above which the Obligor shall be required
to pay as a result of the damage, destruction, condemnation or taking of the
Project or any portion thereof; (g) interest on the Bonds or any interim
obligation during the period of construction of the Project; or (h) any other
costs incurred by the Obligor which are properly chargeable to the Project and
which may be financed by the Bonds under the Act.
"Project Purposes" means use of the Project in connection with logistics
The terms "redemption", "redeem" and "redeemed" when used with reference
to the principal of the Bonds, means, when appropriate, prepayment, prepay and
"Requisition Certificate" means the certificate required by Section 4.1
hereof, in the form of Exhibit B hereto.