Coach 2013 Annual Report Download - page 119

“Draw Request” shall mean, as the context requires (a) a requisition made by a Member or Developer or Replacement Developer (on behalf of a
Member) to the Members for an Additional Capital Contribution by such Member(s) to fund Project Costs pursuant to and in accordance with the terms of
this Agreement and the Development Agreement or Replacement Development Agreement, and (b) a requisition to fund Project Costs submitted by (i) Legacy
Tenant or Developer or Replacement Developer (on behalf of Legacy Tenant) requesting an advance of the Mortgage Loan from the Mortgage Lender or (ii)
Legacy Mezzanine or Developer or Replacement Developer (on behalf of Legacy Mezzanine) requesting an advance of the Mezzanine Loan from the Mezzanine
Lender, in each case which complies with the applicable provisions of this Agreement, the Development Agreement and the applicable Loan Documents.
“Early Work” shall mean the portion of the Developer Work and Base Building Work performed or caused to be performed by Developer prior to the
date hereof.
“Encumbrance” shall mean a mortgage, security agreement, security interest, lien, levy, lease, pledge, hypothecation, charge, claim, license,
judgment, covenant, easement, and/or any other encumbrance or restriction of any and every kind whatsoever.
“ERY” shall have the meaning set forth in the Recitals.
“ERY Tenant
” shall mean ERY Tenant LLC, a Delaware limited liability company.
“Event of Default” shall have the meaning set forth in Section 10.1.
“Executive Construction Manager” shall have the meaning ascribed thereto in the Development Agreement.
“Executive Construction Management Agreement ” shall have the meaning ascribed thereto in the Development Agreement.
“Existing Contractors/Consultants” shall have the meaning ascribed thereto in the Development Agreement.
“Expansion Premises Notice” shall have the meaning set forth in Section 3.3(b).
“Facilities” shall have the meaning set forth in the Condominium Declaration.
“Failed Contribution” shall have the meaning set forth in Section 4.3(a).
“Final Completion” shall have the meaning set forth in the Development Agreement.
“Finish Work” shall have the meaning set forth in the Development Agreement.
“Fiscal Year” shall mean each twelve (12) month period during the term of this Agreement beginning on January 1st and ending on the following
December 31st, except that the first Fiscal Year of the Company shall commence on the date of commencement of the Company and end on the next December
31st, and the last Fiscal Year of the Company shall end on the date on which the Company shall terminate and commence on the January 1st immediately
preceding such date of termination.
25