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<br />-3- <br />ARTICLE I <br /> <br />DETERMINATIONS; DEFINITIONS <br /> <br />Section 1.01. Findings and Determinations. The Successor Agency has reviewed all <br />proceedings heretofore taken and has found, as a result of such review, and hereby finds and <br />determines that all things, conditions and acts required by law to exist, happen or be performed <br />precedent to and in connection with the issuance of the Bonds do exist, have happened and have <br />been performed in due time, form and manner as required by law, and the Successor Agency is <br />now duly empowered, pursuant to each and every requirement of law, to issue the Bonds in the <br />manner and form provided in this Indenture. <br /> <br />Section 1.02. Definitions. Unless the context otherwise requires, the terms defined in this <br />Section 1.02 shall, for all purposes of this Indenture, of any Supplemental Indenture, and of any <br />certificate, opinion or other document herein mentioned, have the meanings herein specified. <br /> <br />“Annual Debt Service” means, for each Bond Year, the sum of (a) the interest payable on <br />the Outstanding Bonds and Parity Debt in such Bond Year, assuming that the Outstanding Serial <br />Bonds are retired as scheduled and that the Outstanding Term Bonds are redeemed from <br />mandatory sinking account payments as scheduled (b) the principal amount of the Outstanding <br />Serial Bonds and Parity Debt payable by their terms in such Bond Year, and (c) the principal <br />amount of the Outstanding Term Bonds scheduled to be paid or redeemed from mandatory <br />sinking account payments in such Fiscal Year. <br /> <br />“Bond” or “Bonds” means the 2018 Bonds and, if the context requires, any additional Parity <br />Debt issued pursuant to a Supplemental Indenture pursuant to Section 3.05 hereof. <br /> <br />“Bond Counsel” means (a) Jones Hall, A Professional Law Corporation, or (b) any other <br />attorney or firm of attorneys appointed by or acceptable to the Successor Agency, of nationally- <br />recognized experience in the issuance of obligations the interest on which is excludable from <br />gross income for federal income tax purposes under the Code. <br /> <br />“Bond Proceeds Fund” means the fund by that name established and held by the Trustee <br />pursuant to Section 3.03. <br /> <br />“Bond Year” means, any twelve-month period beginning on September 2 in any year and <br />ending on the next succeeding September 1, both dates inclusive, except that the first Bond Year <br />shall begin on the Closing Date, and end on September 1, 2018. <br /> <br />“Business Day” means a day of the year on which banks in San Francisco, California, or <br />the city where the Principal Corporate Trust Office is located are not required or permitted to be <br />closed and on which the New York Stock Exchange is not closed. <br /> <br />“Chairman” means the Mayor of the City or other duly appointed officer of the Successor <br />Agency authorized by the Successor Agency by resolution to perform the functions of the <br />Chairman in the event of the Chairman’s absence or disqualification. <br /> <br />“City” means the City of San Leandro, California, a municipal corporation and chartered <br />city duly organized and existing under the laws of the State. <br /> <br />429