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200109053 "Determination of Taxability" means either refusal by the Borrower to consent to any amendment or supplement to this Agreement, the Tax Agreement or the Loan Agreement which, in the opinion of Bond Counsel, is necessary or advisable to maintain the exclusion of interest on the Series 2001A Bonds from gross income for federal income tax purposes; or any of (1) the enactment of applicable legislation, (2) a final judgment or order of a court of original or appellate jurisdiction, (3) a final ruling or decision of the Internal Revenue Service or (4) the filing with the Trustee of an opinion of Bond Counsel, in each case to the effect that the interest on the Series 2001A Bonds (other than interest on any Bond for any period during which such Bond is held by a "substantial user" of any facility financed with the proceeds of the Series 2001A Bonds or a "related person," as such terms are used in Section 147(a) of the Code) is includable in the gross incomes of all recipients thereof for federal income tax purposes. "Dwelling Units" means the units of multifamily residential rental housing comprising the Project. "Functionally Related and Subordinate" means and includes facilities for use by tenants (for example, laundry facilities, parking areas and recreational facilities), provided that the same are of a character and size commensurate with the character and size of the Project as described in Section 1.103 - 8(b)(4)(111) of the Regulations. "General Partner" means Pedcor General, L.P., an Indiana limited partnership, and its permitted successors and assigns, as general partner of the Borrower. "Housing Act" means the United States Housing Act of 1937, as amended, or its successor. "Income Certification" means the Application and Income Certification attached hereto as Exhibit B or in such other form as may from time to time be provided by the Issuer to the Borrower. "Indenture" means the Trust Indenture dated as of September 1, 2001 between the Issuer and the Trustee, relating to the issuance of the Bonds, and any indenture supplemental thereto. "Inducement Date" means March 24, 2001. "LIHTC" means Low Income Housing Tax Credit. "Loan Agreement" means the Loan Agreement dated as of September 1, 2001, by and between the Issuer and the Borrower, as it may be amended from time to time. "Low Income Tenants" means persons or families with Adjusted Income which does not exceed limits determined in a manner consistent with determinations of lower income families under Section 8 of the Housing Act, except that the percentage of median gross income that qualifies as lower income shall be the Applicable Income Percentage of Median Income for the Area with adjustments for family size. If all the occupants of a unit are students (as defined under Section 151(c) of the Code), no one of whom is entitled to file a joint return under Section 6013 of the Code, such occupants shall not qualify as Low Income Tenants. The determination of a tenant's status as a Low Income Tenant shall be made by the Borrower upon initial occupancy of a unit in the Project by such Tenant and annually thereafter and at any time the Borrower has knowledge that the number of occupants in that unit has increased, on the basis of an Income Certification executed by the tenant. "Low Income Units" means the units in the Project required to be rented to, or held available for occupancy by, Low Income Tenants pursuant to Section 4(b). 0