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_.. _ ' <br />B'. <br />~~~ <br />p; <br />2A4 82- ~)tl~~v~. <br />assessments not then delinquent; (ii} the Lease and this <br />Indenture; (iii) utility, access and other easements and <br />rights-of-way, mineral rights, reservations, restrictions <br />and excegtions that are ~.= record on December 8, 1981, or <br />which a Consulting Engineer certifies will not substantially <br />interfere with or impair the use of or operations being <br />conducted in the Building or elsewhere on the Existing <br />Property; (iv) such minor defects, irregularities, <br />encumbrances, easements, rights-of-way and clouds on title <br />as normally exist with respect to properties similar in <br />character to the Project and as do not in the aggregate, in <br />the opinion of Independent Counsel, materially impair the <br />property affected t.iereby for the purposes for which it was <br />acquired or is held by the Issuer; and (v) those additional <br />encumbrances, if any, identified on Exhibit "D" attached <br />hereto and incorporated herein by this reference. <br />"Prime Rate" shall mean, with respect to any Interest <br />Period, the charge (or in the event there is more than one, <br />the average charge) by large U.S. money center commercial <br />banks to their best business borrowers as such charge is <br />reported daily in "The Wall Street Journal", a publication <br />of Dow Jones & Company, Inc. (as such rate exists at the <br />commencement of such Interest Period). <br />"Principal and interest Requirements" for any fiscal <br />year for any Bonds issued under this Indenture shall mean <br />the sum of: <br />(1} the amount required to pay the interest on <br />such Bonds, which is payable May 15, 1982 and <br />on each November 15 and May 15 thereafter <br />until maturity; and <br />(2) the amount required to pay the principal of <br />such Bonds, which is payable on the date of <br />maturity ascribed to each respective Bond. <br />"Project" shall mean the leasehold interest in the <br />Existing Property, the Building and the Leased Equipment, <br />which constitute an industrial or manufacturing facility <br />suitable for use as a beverage distribution center and <br />aluminum can recycling facility, and a "project" under the <br />Act. <br />"Project Manager" shall mean such firm or person, who <br />may be an employee, officer or agent of the Company, as <br />shall be designated by the Sublessee from time to time in a <br />written notice to the Issuer and the Trustee, to perform the <br />functions of the Project Manager under this Indenture and <br />the Lease and shall not be disapproved in writing by the <br />Issuer or the Trustee. <br />"Railroad" shall mean the Union Pacific Railroad <br />Company. <br />22 <br /> <br /> <br />