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200806452 "Bond Ordinance" or "Ordinance" shall mean the Ordinance adopted by the City Council authorizing the issuance of the Bonds (including this Agreement, the Sublease, the Tax Regulatory Agreement and the Indenture prescribed and authorized to be executed in the Ordinance), together with any supplemental ordinances or amendments to the Ordinance or such Indenture. "Bond Owner," "Bondowner," "Owner," "owner," "Bondholder," "bondholder," "holder," "Registered Owner," "registered owner" or "owner of the Bonds" shall mean the registered owner of any Bond. "Bond Registrar" shall have the meaning as specified in Section 2.03 of the Indenture. "Bonds" shall mean the $7,000,000 aggregate principal amount of The City of Grand Island, Nebraska Solid Waste Disposal Facilities Revenue Bonds (Microgy Grand Island, LLC Project) Series 2008, executed and delivered pursuant to the Indenture. "Business Day" shall mean any day other than (a) a Saturday, Sunday or legal holiday or a day on which banking institutions in the City of New York, New York, or in the cities in which the Principal Offices of the Trustee or the Paying Agent are located are required or authorized by law or executive order to close or (b) a day on which The New York Stock Exchange is closed. "Capital Lease Obligation" shall mean, at the time any determination is to be made, the amount of the liability in respect of a capital lease that would at that time be required to be capitalized on a balance sheet in accordance with GAAP, and the Stated Maturity thereof shall be the date of the last payment of rent or any other amount due under such lease prior to the first date upon which such lease may be prepaid by the lessee without payment of a penalty. "Capital Stock" shall mean: (a) in the case of a corporation, corporate stock; (b) in the case of an association or business entity, any and all shares, interests, participations, rights or other equivalents (however designated) of corporate stock; (c) in the case of a partnership or limited liability company, partnership interests (whether general or limited) or membership interests; and (d) any other interest or participation that confers on a Person the right to receive a share of the profits and losses of, or distributions of assets of, the issuing Person, but excluding from all of the foregoing any debt securities convertible into Capital Stock, whether or not such debt securities include any right of participation with Capital Stock. "Cash Equivalents" shall mean: (a) United States dollars; 4834-8191-0786.7 5