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thereunder shall be assumed to be the rate assumed for Variable Rate <br />Indebtedness described in paragraph (v). <br />"Maximum Rate" means, on any day, the maximum interest rate allowed by law. <br />" Moody's" means Moody's Investors Service, Inc., a corporation organized and existing <br />under the laws of the state of Delaware, and its successors and assigns, and, if such entity shall <br />for any reason no longer perform the functions of a securities rating agency, " Moody's" shall be <br />deemed to refer to any other nationally recognized securities rating agency (other than S &P) <br />designated by the City. <br />"Net Proceeds" means, when used with respect to any insurance, self insurance or <br />condemnation award, the proceeds from such award remaining after payment of all expenses <br />(including attorneys' fees) incurred in the collection of such proceeds. <br />"Net System Revenues" means, for any Fiscal Year, the System Revenues for such Fiscal <br />Year less the Maintenance and Operation Costs for such Fiscal Year. <br />"Obligations" means (1) obligations of the City for money borrowed (such as bonds, <br />notes or other evidences of indebtedness) or as installment purchase payments under any contract <br />(including Installment Payments), or as lease payments under any financing lease (determined to <br />be such in accordance with generally accepted accounting principles), the principal and interest <br />on which are payable from Net System Revenues; (ii) obligations to replenish any debt service <br />reserve funds with respect to such obligations of the City; (iii) obligations secured by or payable <br />from any of such obligations of the City; and (iv) obligations of the City payable from Net <br />System Revenues under (a) any contract providing for payments based on levels of, or changes <br />in, interest rates, currency exchange rates, stock or other indices, (b) any contract to exchange <br />cash flows or a series of payments or (c) any contract to hedge payment, currency, rate spread or <br />similar exposure, including but not limited to interest rate swap agreements and interest rate cap <br />agreements. <br />"Outstanding," when used as of any particular time with respect to Obligations, means all <br />Obligations theretofore or thereupon executed, authenticated and delivered by the City or any <br />trustee or other fiduciary, except (i) Obligations theretofore cancelled or surrendered for <br />cancellation; (ii) Obligations paid or deemed to be paid within the meaning of any defeasance <br />provisions thereof; (iii) Obligations owned by the City or the Authority; and (iv) Obligations in <br />lieu of or in substitution for which other Obligations have been executed and delivered. <br />"Owner" means any person who shall be the registered owner of any outstanding <br />Obligation certificate or other evidence of a right to receive Installment Payments directly or as <br />security for payment of the Obligation. <br />"Paired Obligations" shall mean any Series (or portion thereof) of Parity Obligations <br />designated as Paired Obligations in any Issuing Instrument or other document authorizing the <br />issuance or incurrence thereof, which are simultaneously issued or incurred (i) the principal of <br />which is of equal amount maturing and to be redeemed (or cancelled after acquisition thereof) on <br />the same dates and in the same amounts, and (ii) the interest rates which, taken together, result in <br />an irrevocably fixed interest rate obligation of the City for the terms of such Paired Obligations. <br />55394.00011 \8819608.3 8 <br />