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200507874
<br />"Securitization" shall mean a public or private offering of securities by Lender or any of its Affiliates or
<br />their respective successors and assigns which are collateralized, in whole or in part, by this Security Instrument.
<br />"Security Agreement" shall have the meaning set forth in Section 15.01 hereof.
<br />"Security Deposit Account" shall have the meaning set forth in Section 5.01 hereof.
<br />"Security Instrument" shall mean this Security Instrument as originally executed or as it may hereafter from
<br />time to time be supplemented, amended, modified or extended by one or more indentures supplemental hereto.
<br />"Single Purpose Entity" shall mean a corporation, partnership, joint venture, limited liability company, trust
<br />or unincorporated association, which is formed or organized solely for the purpose of holding, directly, an
<br />ownership interest in the Property and the other properties encumbered by the Cross - collateralized Mortgages or,
<br />with respect to General Partner, holding an ownership interest in and managing a Person which holds an ownership
<br />interest in the Property, does not engage in any business unrelated to the Property, does not have any assets other
<br />than those related to its interest in the Property or any indebtedness other than as permitted by this Security
<br />Instrument or the other Loan Documents, has its own separate books and records and has its own accounts, in each
<br />case which are separate and apart from the books and records and accounts of any other Person, holds itself out as
<br />being a Person separate and apart from any other Person and which otherwise satisfies the criteria of the Rating
<br />Agency, as in effect on the Closing Date, for a special - purpose bankruptcy - remote entity.
<br />"Solvent" shall mean, as to any Person, that (a) the sum of the assets of such Person, at a fair valuation,
<br />exceeds its liabilities, including contingent liabilities, (b) such Person has sufficient capital with which to conduct its
<br />business as presently conducted and as proposed to be conducted and (c) such Person has not incurred debts, and
<br />does not intend to incur debts, beyond its ability to pay such debts as they mature. For purposes of this definition,
<br />"debt" means any liability on a claim, and "claim" means (a) a right to payment, whether or not such right is reduced
<br />to judgment, liquidated, unliquidated, fixed, contingent, matured, unrnatured, disputed, undisputed, legal, equitable,
<br />secured or unsecured, or (b) a right to an equitable remedy for breach of performance if such breach gives rise to a
<br />payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured,
<br />urunatured, disputed, undisputed, secured, or unsecured. With respect to any such contingent liabilities, such
<br />liabilities shall be computed in accordance with GAAP at the amount which, in light of all the facts and
<br />circumstances existing at the time, represents the amount which can reasonably be expected to become an actual or
<br />matured liability.
<br />"Space Leases" shall mean any Lease or sublease thereunder (including, without limitation, any Major
<br />Space Lease) or any other agreement providing for the use and occupancy of a portion of the Property as the same
<br />may be amended, renewed or supplemented.
<br />"State" shall mean any of the states which are members of the United States of America.
<br />"Stated Maturity ", when used with respect to the Note or any installment of interest and/or principal
<br />payment thereunder, shall mean the date specified in the Note as the fixed date on which a payment of all or any
<br />portion of principal and/or interest is due and payable.
<br />domain.
<br />"Sub- Accounts" shall have the meaning set forth in Section 5.02 hereof.
<br />"Substantial Casualty" shall have the meaning set forth in Section 3.04 hereof.
<br />"Taking" shall mean a condemnation or taking pursuant to the lawful exercise of the power of eminent
<br />"Total GLA" shall mean the total gross leasable area of the Property, including all Space Leases.
<br />IVA
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