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to enter into, perform or comply with any of its material obligations under any Bond Authorization <br />Document or WIFIA Loan Document, (e) the validity, enforceability or priority of the Liens <br />provided under the Bond Authorization Documents on the Pledged Funds in favor of the <br />Bondholders or (f) the WIFIA Lender’s rights or remedies available under any WIFIA Loan <br />Document. <br />“Nationally Recognized Rating Agency” means any nationally recognized statistical <br />rating organization identified as such by the Securities and Exchange Commission. <br />“NEPA” means the National Environmental Policy Act of 1969, as amended, and any <br />successor statute of similar import, and regulations thereunder, in each case as in effect from time <br />to time. <br />“NEPA Determination” means the Categorical Exclusion for the Project issued by EPA <br />on April 29, 2020 in accordance with NEPA. <br />“Net Loss Proceeds” means Loss Proceeds after excluding any proceeds of delay-in-start- <br />up insurance and proceeds covering liability of the Borrower to third parties. <br />“Net Revenues” has the meaning set forth in the Master Resolution. <br />“Non-Debarment Certificate” means a certificate, signed by the Borrower’s Authorized <br />Representative, as to the absence of debarment, suspension or voluntary exclusion from <br />participation in Government contracts, procurement and non-procurement matters with respect to <br />the Borrower and its principals (as defined in 2 C.F.R. § 180.995 and supplemented by 2 C.F.R. <br />1532.995), substantially in the form attached hereto as Exhibit C (Form of Non-Debarment <br />Certificate). <br />“Non-Lobbying Certificate” means a certificate, signed by the Borrower’s Authorized <br />Representative, with respect to the prohibition on the use of appropriated funds for lobbying <br />pursuant to 49 C.F.R. § 20.100(b), substantially in the form attached hereto as Exhibit E (Form of <br />Non-Lobbying Certificate). <br />“Obligations” means any indebtedness or other obligation of any kind of the Borrower <br />that is secured by a pledge of and lien on all or a portion of the System Revenues, including the <br />Bonds and Subordinated Obligations. <br />“OFAC” means the Office of Foreign Assets Control of the United States Department of <br />the Treasury. <br />“Operating Expenses” has the meaning set forth in the Master Resolution. <br />“Operating Period Servicing Fee” has the meaning set forth in Section 10(a)(iii) (Fees <br />and Expenses – Fees). <br />“Operation and Maintenance Contract” means the Existing Principal Project Contract <br />identified as item A.1. in Schedule 12(n) (Principal Project Contracts). <br />10 <br /> <br />