|
�0��05508
<br />EX�IIBIT "A"
<br />DEFINED TERMS
<br />"Beneficiarv" means Beneficiary, and its successors and assigns, including any subsequent holder of the
<br />Obligations.
<br />"Collateral" has the meaning set forth in Section 1.3.
<br />"Credit Agreement" means that certa.in Credit Agreement, dated of even date with this Deed of Trust,
<br />executed by Trustor and Beneficiary, as the same may have been or from time to time hereafter may be renewed,
<br />e�ended, supplemented, increased, amended, modified or restated.
<br />"Deed of Trust" means this Deed of Trust, Security Agreement, Fixture Filing and Assignment of Leases
<br />and Rents, as the same may be renewed, extended, supplemented, increased, modified, amended or restated from
<br />time to time.
<br />"Default Ra,te" has the meaning attributed to it in the Credit Agreement.
<br />"Loan Documents" means, collectively, this Deed of Trust, the Credit Agreement, each Note, the Letter of
<br />Credit Applications, the Security Documents, the Fee Letter, and each other document, instrument, certificate and
<br />agreement executed and delivered by the Credit Parties or any of their respective Subsidiaries in favor of or
<br />provided to the Administrative Agent or any Secured Party in connection with this Agreement or otherwise referred
<br />to herein or contemplated hereby (excluding any Secured Hedge Agreement and any Secured Cash Management
<br />Agreement).
<br />"Obligations" means the obligation of the Trustor to (a) make payment of the principal of, interest and
<br />premiums on, and to perform all covenants, agreements, liabilities and obligarions of the Trustor, under the Notes,
<br />the Deed of Trust, the Credit Agreement and all other obligarions of the Trustor under any other instrument given to
<br />secure the Notes and any and all extensions and renewals thereof; (b) to perform any and all covenants, agreements,
<br />liabilities and obligations of Trustor, to Beneficiary, its successors and assigns, provided for or arising under this
<br />Agreement; and (c) to make payment of all costs and e�cpenses of collection, legal expenses and attomeys' fees
<br />incurred by the Beneficiary, its successors and assigns, in the enforcement of the rights of the Beneficiary hereunder
<br />or in any litigation or bankruptcy proceeding for the protection of Beneficiary's collateral and claim against Debtor.
<br />"Permitted Encumbrances" means any of the following:
<br />payable;
<br />(i) liens, chazges or other encumbrances for taxes and assessments which are not yet due and
<br />(ii) liens of or resulting from any judgment or award, the time for the appeal or petition for
<br />rehearing of which shall not have e�ired, or in respect of which Trustor shall at any time in good faith be
<br />prosecuting an appeal or proceeding for a review and in respect of which a stay of execution pending such
<br />appeal or proceeding for review shall have been secured;
<br />(iii) deposits, pledges or liens to secure statutory obligarions, surety or appeal bonds or other liens
<br />of like general nature incur'red in the ordinary course of business and not in connection with the borrowing
<br />of money, provided, in each case, that the obligation secured is not overdue or, if overdue, is being
<br />contested in good faith by appropria�e actions or proceedings;
<br />(iv) liens, charges or encumbrances in favor of Beneficiary;
<br />(v) liens, charges, or other encumbrances disclosed to and approved by Beneficiary in writing in
<br />connection with the Trustor's arrangements for the acquisition and development of the Premises, including
<br />
|