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201007863 "Recove Act" means the American Recovery and Reinvestment Act of 2009. "Re uired P rcenta e" means th� minimum percentage of Low-Iz�come Units in the Project, which sha11 be the �reater of the Minimum Set-Aside Test or the Subaward Fraction. `;Reyuisition" means a requisition for disbursement of the Subaward submitted by the Qwner in the form attached hereto as Exl��bit U . "�ection 1602 Pro�ram" and "Section 160Z Pra�ram Funds" shall have the meanings attributed thereto in the Recitals. " State " means Nebraska. "Snbaward" means the �rant of Sectian 164� Pro$ram Funds in the aggcegate amount of up to $2,187,503 to be made by the Autharity to the Owner to assist in the financing of the construction of the Project pursuant to all of' the terms and cnnditions of' this Agreement; provided, however, that the Subaward, determined at the time of the Cost Certification, may nat exceed 85% of each such building's Eligible Basis, as of the end of the first year af the of the "credit period" applicable to such building, as defined in S�ction 42(�(1) nfthe Cade "Subaward Fraction" means the lesser of (i) the fraction obtained by dividing the amnunt of the Subaward, once fixlly disburs�d, into the Eligibie Basis of the Praject, determined in accordance with the Section 42(d) of the Code (including any increase in basis puxsuant to Section 42(d)(5)(S)), nr (ii) the "applicable fraction" as dc�ned in Code Section 42(c)(1). "Tax Credit Alloeatlan" means the allocation of Tax Credits ta the Owner w:ith respect to the Project pursuant to the QAP or a previously effective Qualified Allocation Plan of the Autharity, which alloeation is anticipated to produce Tax Credits for the benefit of the Tax Credit Investor. "Tax Cred�t inv�stor" means the party identified as such in the Recitals who has firmly committed to make an equity investment in the Uwner in exchange for Taac Credits, together vaith any party authorized to act on behalf of the Tax Credit Investor hereunder or under the aperating agreement of the Owncr. `"Tax Credits" means the federal low-income housing taic credits under Section 42 ar 14�ON of the Code. `;Treasurv" means the United States Dep�rtment nf the Treasury, including th� �United States of America acting th;rough the Treasury. "Treasu R ulations" means. the temporazy an,d final regulations promulgated under the Code, as such regulations may be amended from time to time (including cnrresponding provisions of succeeding regulation►s). -6- 4848-1332-1094.2