Delaware Code § 29-8752A

Definitions
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The following words and terms, unless the context clearly indicates a different meaning, shall have the following respective meaning:
(1) "Agricultural business" means any enterprise engaged in raising, preparing or marketing crops, timber, nursery stock, livestock
or the like or any related products, and facilities directly related, incidental or subordinate to any of the foregoing.
(2) "Assisted person" means any person, including individuals, firms, partnerships, associations, societies, trusts, public or private
corporations, not for profit corporations or other legal entities, including public or governmental bodies as well as natural persons for
which a project is undertaken or proposed to be undertaken.
(3) "Authority" means the Delaware Economic Development Authority created by § 8753A of this title.

(4) "Bonds" means bonds, notes or other obligations issued by the Authority pursuant to this subchapter.
(5) "Commercial business" means any enterprise other than an agricultural business or industrial business which may include, but
is not limited to, wholesale, retail or other mercantile activities; office buildings; cable television facilities; hotels; motels; shopping
centers; department stores; sports facilities; restaurants; convention, auditorium or trade show facilities; tourism and recreational
facilities; medical facilities, nursing facilities and facilities for the residence or care of the aged; public transportation facilities; parking
facilities; and facilities directly related, incidental or subordinate to any of the foregoing.
(6) "Cost" means, with respect to any project, all costs, whether capital or otherwise, and includes the cost of acquisition, construction,
reconstruction, repair, alteration or extension of any building, structure, facility or other improvement; the cost of demolishing,
removing or relocating any building, structure, facility or other improvement, including the cost of acquiring any lands to which
such building, structure, facility or other improvement may be moved or relocated; the cost of machinery and equipment; the cost
of acquisition, construction, reconstruction, repair, alteration, modernization, renovation, rehabilitation, improvement or extension of
pollution control devices, equipment or facilities; the cost of land, rights-in-land, easements, privileges, agreements; franchises, utility
extension, disposal facilities, access roads and site developments necessary, useful or convenient for any project or in connection
therewith; the cost of providing working capital or the acquisition or carrying of accounts receivable, chattel paper or other commercial
instruments or inventory; interest prior to, during and for a reasonable period after completion of construction; discount on bonds;
costs of issuance of bonds; engineering and inspection costs; costs of financial, legal, professional and other services; organizational,
administrative, insurance, operating and other expenses of the Authority or any assisted person prior to and during any acquisition or
construction; all such expenses as may be necessary or incident to the financing, acquisition, construction or completion of any project
or part thereof; and all provision for reserves for payment or security of principal, premium, if any, or interest on, bonds during or after
acquisition or construction of any project as the Authority may determine to be appropriate. Cost with respect to any project financed
by state-guaranteed bonds shall not include the cost of providing working capital or inventory.
(7) [Repealed.]
(8) "Exempt person" means a governmental unit or an organization described in § 501(c)(3) of the federal Internal Revenue Code
[26 U.S.C. § 501(c)(3)] and exempt from tax under § 501(a) of the federal Internal Revenue Code [26 U.S.C. § 501(a)] but only with
respect to a trade or business carried on by such organization which is not an unrelated trade or business, determined by applying §
513(a) of the federal Internal Revenue Code [26 U.S.C. § 513(a)] to such organization.
(9) "Industrial business" means any enterprise other than an agricultural business or commercial business and may include, but
is not limited to, industrial parks; public utilities; activities involving the development, production, collection, conversion, storage,
conservation or transmission of coal, electricity, gas, oil, steam, water or sources of energy not covered by the foregoing; manufacturing,
fabricating or processing activities; research and development activities; docks, wharves, airports; storage, shipping, receiving,
warehouse and distribution facilities; and facilities directly related, incidental or subordinate to any of the foregoing.
(10) "Outstanding bonds" means the principal amount of state-guaranteed bonds on which there is principal and interest owing and
for which there have not been set aside with a trustee sufficient moneys to pay principal, premium, if any, and interest on such state-
guaranteed bonds, which moneys are subject to an irrevocable instruction that they be applied to the payment of principal, premium,
if any, and interest on such state-guaranteed bonds when due and payable, whether at maturity or otherwise.
(11) "Pollution control project" means any device, equipment, improvement, structure or facility or any land and any building,
structure, facility or other improvement thereon, or any combination thereof, whether or not in existence or under construction, or
additions thereto or upgrading thereof, and all real and personal property deemed necessary thereto, having to do with, or the end
purpose of which is, the control, abatement or prevention of land, water, air or general environmental pollution in or adjacent to the
State, whether by solids, liquids, gases, particulates, radiation, heat, noise or otherwise, including, but not limited to, any air pollution
control facility, noise abatement facility, water management facility, wastewater collection system, wastewater treatment works, sewage
treatment system or solid waste disposal or resource recovery facility or site.
(12) "Project" means:
a. Acquisition, construction, reconstruction, repair, alteration, improvement, extension or financing of any building, structure or
facility whether or not in existence or under construction;
b. Purchase, installation or financing of equipment, machinery and other personal property;
c. Acquisition, improvement or financing of real estate and the extension or provision of utilities, access roads and other
appurtenant facilities; or
d. Any other activity (including, without limitation, the providing of working capital or the acquisition or carrying of inventory,
accounts receivable, chattel paper or commercial instruments);
any of which are to be used, occupied or undertaken by any assisted person in any enterprise which will tend to maintain or provide
gainful employment within the State, including, but not limited to, facilities and activities for industrial business, agricultural business,
commercial business or any combination thereof. Project, in addition, shall mean a pollution control project. A project shall not be
considered a public work or public improvement for purposes of this subchapter or for purposes of any other law, rule or regulation
of the State or any political subdivision thereof.

(13) "Related person" means a person who is a related person under § 144(a)(3) of the Internal Revenue Code of 1986 [26 U.S.C.
§ 144(a)(3)], as amended.
(14) "Resolution" means any resolution adopted, or trust agreement or other agreement executed, by the Authority pursuant to which
bonds are authorized to be issued.
(15) "Revenues" means receipts, fees, rentals, loan repayments or other payments or income derived from the lease, sale or other
disposition of a project, the loan of money, the acquisition and sale of loans, moneys or securities in reserve and insurance funds or
accounts or other funds and accounts and income from the investment thereof, and fees, charges or other moneys to be received by
the Authority in connection with a project.
(16) [Repealed.]
(17) "State-guaranteed bonds" means bonds to which the full faith and credit of the State has been pledged as provided in this
subchapter.

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