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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• U.S.C. Sections 9601 et seq.,and the Resource Conservation and Recovery Act of 1976("RCRA"), <br /> 42 U.S.C. Section 6901 et seq. <br /> "Event of Default" -- Any event of default specified in Section 8.1 hereof. <br /> "Excess Bond Fund Moneys" --As of any payment date under Section 5.3 hereof,moneys <br /> in the Bond Fund on such date in excess of the amount required for payment of the principal of the <br /> Bonds which have matured on a maturity date or on a redemption date prior to such payment date, <br /> and past due interest, in all cases where Bonds have not been presented for payment. <br /> "Hazardous Substances" -- Any one or more of the following substances, materials and <br /> wastes: <br /> (a) Those substances included within the definitions of "hazardous <br /> substances","hazardous materials","toxic substances"or"solid waste"in CERCLA, <br /> RCRA and the Hazardous Materials Transportation Act,49 U.S.C. Sections 1801 et <br /> seq. and in the regulations promulgated pursuant to said laws; <br /> (b) Those substances defined as "hazardous wastes" or "PCB" in the <br /> applicable statutes of the State of Arkansas,as amended from time to time,and in the <br /> regulations promulgated thereunder; <br /> (c) Those substances listed in the United States Department of <br /> Transportation Table (49 CFT 172.101 and amendments thereto) or by the <br /> Environmental Protection Agency(or any successor agency)as hazardous substances <br /> (40 CFR Part 302 and amendments thereto); <br /> (d) Such other substances, materials and wastes which are or become <br /> regulated under applicable local, state or federal law, which are classified as <br /> hazardous, corrosive, ignitable, or toxic under federal, state or local laws or <br /> regulations; and <br /> (e) Any material,waste or substance which is(i)petroleum;(ii)asbestos; <br /> (iii)polychlorinated biphenyls; (iv)designated as a"hazardous substance"pursuant <br /> to Section 311 of the Clean Water Act, 33 U.S.C. Sections 1251 et seq. (33 U.S.C. <br /> 1321) or listed pursuant to Section 3078 of the Clean Water Act(33 U.S.C. 1317); <br /> (v) flammable explosives; or(vi)radioactive materials. <br /> "Indenture"--The Trust Indenture dated as of December 1,2008,by and between Issuer and <br /> Trustee, securing the Bonds, and any amendments and supplements thereto. <br /> "Issuer"--City ofBatesville,Arkansas,a municipality organized and existing under the laws <br /> of the State of Arkansas, and its successors and assigns. <br /> 3 <br />
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