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7 <br /> / <br /> "Eond Service Charges" for any time period means the <br /> principal, including any amortization or redemption <br /> requirements, interest, and redemption premium, if any, <br /> required to be paid by the Issuer on the Series 1992 Bonds for <br /> such time period. <br /> "Borrower" means The Kroger Co. , a corporation for <br /> profit duly organized and validly ezisting under the laws of <br /> the State of Ohio. <br /> "CEDE & Co" means CEDE & Co, the nominee of DTC, and <br /> any successor nominee of DTC with respect to the Series 1992 <br /> Bonds . <br /> "Code" means the Internal Revenue Code of 1986, as <br /> amended from time to time. References to the Code and Sections <br /> of the Code include relevant applicable regulations and <br /> proposed regulations thereunder and any successor provisions to <br /> those Sections, regulations or proposed regulations . <br /> "DTC" means The Depository Trust Company, a limited <br /> purpose trust company organized under the laws of the State of <br /> New York, and its successors and assigns. <br /> "DTC Participant" means banks, brokers or dealers who <br /> are participants of DTC. <br /> "Determination of Tazability" means, with respect to <br /> the Series 1992 Bonds, (i) the enactment of legislation or the <br /> adoption of final regulations or a final decision, ruling or <br /> technical advice by any Federal judicial or administrative <br /> authority which has the effect of requiring interest on the <br /> Series 1992 Bonds to be included in the gross income of the <br /> Holders for Federal income taz purposes (other than a Holder <br /> who is a "substantial user" of the Project or a "related <br /> person" as those terms are used in Section 147 of the Code) ; or <br /> (ii) the receipt by the Trustee of an opinion by an attorney or <br /> firm of attorneys of nationally recognized standing on the <br /> subject of municipal bonds selected by the Borrower to the <br /> effect that interest on the Series 1992 Bonds is to be included <br /> in the gross income of the Holder for Federal income tag <br /> purposes (other than a Holder who is a "substantial user" of <br /> the Project or a "related person" as those terms are used in <br /> Section 147 of the Code) ; provided that no decision by any <br /> court or decision, ruling or technical advice by any <br /> administrative authority shall be considered final (a) unless <br /> the Holder involved in the proceeding or action giving rise to <br /> such decision, ruling or technical advice (i) gives the <br /> Borrower and the Trustee prompt notice of the commencement <br /> thereof, and (ii) offers the Borrower the opportunity to <br /> - 3 - <br />