Construction Consultant Fees definition
Construction Consultant Fees means the reasonable actual fees and expenses incurred by the Construction Consultant in connection with the Loan. Borrower shall be responsible for the cost of any monthly report of the Construction Consultant. “Contribution” shall have the meaning set forth in Section 17.16 hereof. “Control” shall mean the power to direct the management and policies of an entity, directly or indirectly, whether through the ownership of voting securities or other beneficial interests, by contract or otherwise. “Controlled Affiliate” shall mean any Affiliate of a Person which is Controlled by, Controlling or under common Control with such Person. “Counterparty” shall mean (a) the counterparty under the Interest Rate Protection Agreement or (b) a Person that guarantees such counterparty’s obligations under the Interest Rate Protection Agreement or otherwise provides to such counterparty credit support acceptable to Agent or, after a Securitization, the Rating Agencies, provided, however, that such guarantor shall be deemed the “Counterparty” for so long as the long term credit rating issued by the Rating Agencies to such guarantor is better than the long term credit rating of the actual counterparty under the Interest Rate Protection Agreement; provided, further, that each Counterparty shall be an “Eligible Contract Participant,” as such term is defined under the Commodity Exchange Act, and shall otherwise be in compliance with the requirements of the rules and regulations promulgated pursuant to the ▇▇▇▇ ▇▇▇▇▇ Wall Street Reform and Consumer Protection Act. “Covered Rating Agency Information” shall have the meaning set forth in Section 13.2 hereof. “Covered Transaction” shall have the meaning set forth in the DPA. “CPI” shall mean the Consumer Price Index (New Series) (Base Period 1982-84=100) (all items for all urban consumers) issued by the Bureau of Labor Statistics of the United States Department of Labor (the “Bureau”). If the CPI ceases to use the 1982-84 average equaling 100 as the basis of calculation, or if a change is made in the term, components or number of items contained in said index, or if the index is altered, modified, converted or revised in any other way, then the index shall be adjusted to the figure that would have been arrived at had the change in the manner of computing the index in effect at the date of this Agreement not been made. If at any