|
EXHIBIT A
<br />DEFINED TERMS
<br />"Beneficiary" means Beneficiary, and its successors and assigns, including any
<br />subsequent holder of the Obligations.
<br />"Collateral" has the meaning set forth in Section 1.3.
<br />4-013 U4383
<br />"Credit Documents" means, collectively, this Deed of Trust, the Loan Agreement, the
<br />Note and such other documents evidencing, governing, guaranteeing, securing or otherwise executed in
<br />connection with the Obligations, the Loan Agreement or this Deed of Trust, as they or any of them may
<br />have been or from time to time hereafter may be renewed, extended, supplemented, increased, amended,
<br />modified or restated.
<br />"Deed of Trust" means this Leasehold Deed of Trust, Security Agreement, Fixture Filing
<br />and Assignment of Leases and Rents, as the same may be renewed, extended, supplemented, increased,
<br />modified, amended or restated from time to time.
<br />"Default Rate" has the meaning attributed to it in the Note and Loan Agreement.
<br />"Loan Agreement" means that certain Amended and Restated Loan Agreement, dated as
<br />of May 17, 2013, executed by Trustor, as the same may have been or from time to time hereafter may be
<br />renewed, extended, supplemented, increased, amended, modified or restated.
<br />"Note" means collectively, (a) a Secured Promissory Note — Tranche I dated as of June
<br />30, 2011, in the original principal amount of $75,000,000.00, with a final payment due on July 1, 2021, (b)
<br />a Secured Promissory Note — Tranche II dated as of June 30, 2011, in the original principal amount of
<br />$15,000,000.00, with a final payment due on July 1, 2021 and (c) a Secured Promissory Note — Tranche III
<br />dated as of May 17, 2013, in the original principal amount of $8,000,000.00, with a final payment due on
<br />July 1, 2021, together with interest thereon, executed in accordance with the Loan Agreement and
<br />evidencing Trustor's indebtedness to Beneficiary thereunder. The Note contains provisions for the interest
<br />rate therein to be adjusted from time to time.
<br />"Obligations" means the obligation of the Trustor to (a) make payment of the principal
<br />of, interest and premiums on, and to perform all covenants, agreements, liabilities and obligations of the
<br />Trustor, under the Note, the Deed of Trust, the Loan Agreement and all other obligations of the Trustor
<br />under any other instrument given to secure the Note and any and all extensions and renewals thereof; (b) to
<br />perform any and all covenants, agreements, liabilities and obligations of Trustor, to Beneficiary, its
<br />successors and assigns, provided for or arising under this Deed of Trust; and (c) to make payment of all
<br />costs and expenses of collection, legal expenses and attorneys' fees incurred by the Beneficiary, its
<br />successors and assigns, in the enforcement of the rights of the Beneficiary hereunder or in any litigation or
<br />bankruptcy proceeding for the protection of Beneficiary's collateral and claim against Trustor.
<br />DOCS /1171852.1
<br />"Permitted Encumbrances" means any of the following:
<br />(i) liens, charges or other encumbrances for taxes and assessments which are
<br />not yet due and payable;
<br />(ii) liens of or resulting from any judgment or award, the time for the appeal or
<br />petition for rehearing of which shall not have expired, or in respect of which Trustor shall at any
<br />time in good faith be prosecuting an appeal or proceeding for a review and in respect of which a
<br />stay of execution pending such appeal or proceeding for review shall have been secured;
<br />(iii) deposits, pledges or liens to secure statutory obligations, surety or appeal
<br />bonds or other liens of like general nature incurred in the ordinary course of business and not in
<br />
|