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1 "AcT" means ORS 271.390, as in effect on the date of execution and delivery of the 1998 <br />2 Certificates. <br />3 <br />4 "ADDITIONAL CERTIFICATES" means any Certificates of Participation executed and <br />5 delivered by the Trustee pursuant to and in accordance with the provisions of Section 208 of the <br />6 Agreement. <br />7 <br />8 "AGREEMENT" means the Financing and Trust Agreement dated as of December l, 1998 <br />~ between the County and the Trustee, together with any Supplemental Agreement. <br />~o <br />1 1 "ALTERN.ATE INSURANCE POLICti'" shall mean a letter of credit, a municipal bond insurance <br />t2 policy, a surety bond, standby bond purchase agreement or other credit enhancement device given, <br />13 issued or posted as security for one or more series of Certificates or any Certificates of a series in <br />t~t substitution for a Insurance Policy theretofore in effect and meeting the applicable requirements of <br />15 Section 804 of the Agreement. <br />16 <br />17 "APPROPRIATED FINANCING PAYMENTS" means any Financing Payments: <br />18 <br />19 (1) scheduled to be due and payable under the Agreement in a particular Fiscal Year; <br />2o and <br />21 <br />?2 (2) for which the County has duly budgeted and appropriated, in accordance with <br />23 applicable law, funds sufficient to pay such Financing Payments. <br />?~ <br />25 "ATTORNEYS' FEES" means the reasonable attorneys' fees and expenses incurred by the <br />26 Trustee in connection with: <br />~~ <br />28 (1) the performance of its obligations, or the enforcement of its rights, under th~e <br />29 Agreement, the Mortgage or any other document, instrument or agreement pertaining to the <br />3o Certificates or the transactions contemplated by the Agreement; <br />31 <br />32 (2) the defense or prosecution of any pending or threatened proceeding brought under <br />33 or in connection with the Agreement, the Mortgage or any other document, instrument or <br />34 a~neement pertaining to the Certificates or the transactions contemplated by the Agreement; <br />35 <br />36 (3) the negotiation or settlement of any claim or dispute arising under, or the <br />37 interpretation or amendment of any provision of, or advice as to a person's rights or <br />38 obligations under, the Agreement, the Mortgage or any other document, instrument or <br />39 a~~reement pertaining to the Certificates or the transactions contemplated by the Agreement; <br />40 <br />DEFINITIONS APPENDf~ PAGE 1 <br />