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"Cost of Issuance Account" shall have the meaning given in the Indenture. <br />"County" means Hays County, Texas. <br />"Debt" means any bond, note, or other evidence of indebtedness incurred, entered into, <br />or issued by the City related exclusively to the District. <br />"Designated Successors and Assigns" shall mean (i) an entity to which an Owner <br />assigns (in writing) its rights and obligations contained in this Agreement pursuant to Section <br />8.03 related to all or a portion of the Property, (ii) any entity which is the successor by merger or <br />otherwise to all or substantially all of such Owner's assets and liabilities including, but not <br />liunited to, any merger or acquisition pursuant to any public offering or reorganization to obtain <br />financing and/or growth capital; or (iii) any entity which may have acquired all of the <br />outstanding stock or ownership of assets of such Owner. <br />"District"or "PTD" has the meaning given in the recitals to this Agreement. <br />"Effective Date" has the meaning given in the recitals to this Agreement. <br />"force majeure" shall mean delays due to strikes, acts of God, inability to obtain labor or <br />materials, litigation, enemy action, civil commotion, fire, rain or windstorm, governmental action <br />or inaction, or similar causes, provided such similar causes are beyond the reasonable control of <br />the party whose obligations are affected by such acts. <br />"Indenture" means the applicable Indenture of Trust between the City and the Trustee <br />relating to the issuance of a series of PID Bonds for financing costs of Public Improvements, as it <br />may be amended from time to time. <br />"Initial Assessment Ordinance" means the ordinance, resolution or order to be adopted <br />by the City Council that will levy the Special Assessments associated with the Public <br />Improvements. <br />"Interest" shall mean the interest rate charged for the PID Bonds or such other interest <br />rate as may be required by applicable law. <br />"Issue Date" means the date of the initial delivery of any of the PID Bonds. <br />"Non -Benefited Property" means Parcels within the boundaries of the District that <br />accrue no special benefit from the Public Improvements, property, real property, right of way <br />and easements located within the boundaries of the PID that is owned by or irrevocably offered <br />for dedication to the federal government, the State of Texas, the County, the City, a school <br />district, a public utility provider or any other political subdivision or public agency, whether in <br />fee simple, through an exclusive use easement, plat, or a public utility easement. Property <br />identified as Non -Benefited Property at the time the Special Assessments (i) are imposed or <br />(ii) are reallocated pursuant to a subdivision of a Parcel is not assessed. Assessed Property <br />converted to Non -Benefited Property, if the Special Assessments may not be reallocated <br />28 <br />WHISPER PID FINANCING AGREEMENT <br />