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20�007�37 <br />"R�guired Percentage" means the minimum percentage of Low-Income Units in the <br />Project, which shall be the greater of the Minimurn Set-Aside Test or the Subar�vaxd Fraction. <br />`.Requisition" means a requisition for disbursement of the Subaward submitted by the <br />Owner in the form attached hereta as Exhibit D . <br />"Section 1b02 Prograrn" and "Sectian 16U2 Pro ram Funds" shall have the meanings <br />attributed thereto in the Recitals. <br />"State" means Nebraska. <br />"Subaward" means the gxant of Section 1602 Prograxn Funds in the aggregate amount of <br />up to $1,496,825 to be made by the Authority to the Owner to assist in the finazicing of the <br />canstnaction of the Project pursuant to all of the terms and conditions of this Agreement; <br />provided, however, that the Subaward, determined at the tirne of the Cost Certification, rnay not <br />exceed SS% of each such building's Eligible Basis, as of the end of the first year of the of the <br />"cxedit period" applicable to such building, as defined in Section 42(�(1) of the Code <br />"Subaward Fraction" xneans the lesser of (i) the fraction obtained by dividing the <br />amount of the Subaward, once fully disbursed, into the Eligible Basis of the Praject, determined <br />in accordance vvith the Sectian �}2(d) af the Code (including any increase in basis pursuant to <br />Section 42(d)(S)(B)), or (ii) the "applicable fraction" as defined in Code Section 42(c)(1). <br />"Tax Credit Allocation" means the allocation nF Tax Credits to the Owner with respect <br />to the Project pursuant to the QAP or a previously effective Qualified Allocation Plan of the <br />Authority, which allocation is anticipated to produce Tax Credits for tlie benefit of the Tax <br />Credit Tnvestor, <br />"Tax Credit Investar" means the party identified as such in the Recitals who has �rmly <br />committed to make an equity investznent in the Owner in exchange for T� Credits, tagether with <br />any party authorized to act on behalf of the Tax Credit Inv�stor hereunder or under the operating <br />agreernent af the Owner. <br />"Tax Credits" means the federal low-income housing tax credits under Section 42 or <br />1400N of the Code. <br />"Treasurv" means the United States Department of the Treasury, including the <br />United States of America acting through the Treasury. <br />"Treasurv Re�ulations" means the temporary and final regulations promulgated under <br />the Code, as such regulations rnay be amended from tinne to time (including corresponding <br />provisions of succeeding regulations). <br />_�,_ <br />4846-G923-1367.3 <br />