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83000621
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83000621
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Last modified
11/18/2008 12:54:50 AM
Creation date
11/18/2008 12:53:48 AM
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DEEDS
Inst Number
83000621
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<br />83--d ~GUEa~.T <br />"Code" means the Internal Revenue Code of 1954, as <br />amended. <br />"Company" means (i} Diamond Plastics Corporation, a <br />Delaware corporation, and its successors and assigns, and <br />(ii} any surviving, resulting or transferee entity as <br />provided in Section 2.2 of the Agreement. <br />"Company Representative" means the person or persons at <br />the time designated to act on behalf of Company by written <br />certificate furnished to Issuer and Trustee containing the <br />specimen signatures of such person or persons and signed on <br />behalf of Company by the President, any Vice President, the <br />Secretary or any Assistant Secretary. <br />"Completion Date" means the date of completion of acqui- <br />sition, construction, improving and equipping of the Project, <br />as that date shall be certified as provided in Section 4.5 of <br />the Agreement. <br />"Construction Fund" means the fund created in Section <br />5.06 hereof. <br />"Cost of Constriction" with respect to the Project shall <br />be deemed to include all items permitted to be financed under <br />the provisions of the Act, including but not limited to: <br />{i) all costs which Issuer or Company shall be <br />required to pay under the terms of any contract or con- <br />tracts for the acquisition, construction, improving or <br />equipping of the Project; <br />{ii} obligations of Issuer or Company incurred for <br />labor and materials {including obligations payable to <br />Company} in connection wit'1 the acquisition, construc- <br />tion, improving or equipping of the Project, including <br />reimbursement to Company for all advances and payments <br />made in connection with the Project prior to or after <br />delivery of the Bonds; <br />(iii} the cost of payment and performance or other <br />bands and any and all types of insurance that may be <br />necessary or appropriate to have in effect during the <br />course of construction of the Project; <br />(iv} all casts of engineering and architectural <br />services, including the costs of Issuer or Company for <br />test borings, surveys, estimates, plans and specifica- <br />tions and preliminary investigations therefor, and for <br />supervising construction, as well as for the performance <br />-5- <br /> <br />
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