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6.A. - Page 6 of 24 <br />t. Definitions. <br />In addition to the terms defined in the Recitals to this Agreement, for purposes of this <br />Agreement the following terms have the respective meanings set forth below: <br />"Affiliate" means, when used with respect to a Person, any corporation, <br />partnership, joint venture, limited liability company, limited liability partnership, trust or <br />individual controlled by, under common control with, or which controls such Person (the <br />term "control" for these purposes shall mean the ability, whether by the ownership of <br />shares or other equity interests, by contract or otherwise, to elect a majority of the directors <br />of a corporation, to make management decisions on behalf of, or independently to select <br />the managing partner of, a partnership, or otherwise to have the power independently to <br />remove and then select a majority of those individuals exercising managerial authority over <br />an entity, and control shall be conclusively presumed in the case of the ownership of 50% <br />or more of the equity interests). <br />"Borrower" means the Person named as such in the first paragraph of this <br />Agreement and any other Person (other than the Senior Lender) who acquires title to the <br />Property after the date of this Agreement. <br />"Business Day" means any day other than Saturday, Sunday or a day on which Senior <br />Lender is not open for business. <br />"Covenants" means, collectively, that certain (i) Declaration of Affordability <br />Covenants, dated December 22, 2003, made by KDF Communities, LLC and recorded _in the <br />Official Records of the County of San Mateo ("Officials Records") as Document No. 2003- <br />350638, and (ii) Declaration of Redevelopment Covenants, dated December 22, 2003, made by <br />KDF Communities, LLC and recorded in the Official Records as Document No. 2003-350639. <br />"Default Notice" means: (a) a copy of the written notice from the Senior Lender to <br />the Borrower stating that a Senior Loan Default has occurred under the Senior Loan; or (b) <br />a copy of the written notice from the Subordinate Lender to the Borrower stating that a <br />Subordinate Loan Default has occurred under the Subordinate Loan. Each Default Notice <br />shall specify the default upon which such Default Notice is based. <br />"Owner Participation Agreement" means that Owner Participation Agreement by <br />and between the City of Redwood City, the Redevelopment Agency of the City of <br />Redwood City and Borrower, dated December 1, 2003, and recorded in the Official Records <br />as Document No. 2003-350637. <br />"Person" means an individual, estate, trust, partnership, corporation, Limited <br />Liability Company, limited liability partnership, governmental department or agency or <br />any other entity which has the legal capacity to own property. <br />"Senior Lender" means the Person named as such in the first paragraph on page 1 of <br />this Agreement, its successors and assigns, and any other Person who becomes the legal <br />holder of the Senior Note after the date of this Agreement. <br />REV: 12-06-18 VR <br />Page 3 of 21 <br />ATTY/AGR.2018.2741KDF Hallmark 12 <br />