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200806452 Company in the ordinary course of business and the Bonds. The acquisition by the Company of a Person that holds an Investment in a third Person will be deemed to be an Investment by the Company in such third Person in an amount equal to the Fair Market Value of the Investments held by the acquired Person in such third Person. The amount of an Investment shall be its Fair Market Value at the time the Investment is made and without giving effect to subsequent changes in value. "Issue Date" shall mean the date on which the Bonds are first authenticated and delivered to the Underwriter against payment therefor. "Issuer" shall mean The City of Grand Island, Nebraska, a political subdivision duly organized and existing under the laws of the State of Nebraska, and its successors and assigns. "Lease Term" shall mean the term of this Agreement as specified in Section 11.05 hereof. "Lien" shall mean, with respect to any asset, any mortgage, lien, pledge, charge, security interest or encumbrance of any kind in respect of such asset, whether or not filed, recorded or otherwise perfected under applicable law, including any conditional sale or other title retention agreement and any lease that constitutes a security interest. "Limited Offering Memorandum" shall mean the final Limited Offering Memorandum dated July 22, 2008 of the Issuer relating to the Bonds. "Lockbox Account" shall mean the account of the Bond Fund by that name created and established pursuant to Section 6.02 of the Indenture. "Maintenance Reserve Fund" shall mean the fund by that name created and established in Section 7.01 of the Indenture. "Majority Holders" shall mean the owners of a majority in principal amount of the Bonds Outstanding. "Management Services Agreement" shall mean the Management Services Agreement dated July 24, 2008 between the Company and EPC, including all amendments thereof and supplements thereto. "Moody's" shall mean Moody's Investors Service, Inc. or any successor thereto maintaining a rating on the Bonds. "Net Income" shall mean the net income (loss) of the Company determined in accordance with GAAP and before any reduction in respect of preferred stock dividends, excluding, however: (a) any gain (or loss), together with any related provision for taxes on such gain (or loss), realized in connection with (i) any Asset Sale; or (ii) the disposition of any securities by the Company or the extinguishment of any Indebtedness of the Company; and 4834-8191-0786.7 12