Chapter 101 Special Purpose Corporations and Associations 48-101-101 – 48-101-907
Chapter 102 Fraternal and Patriotic Organizations 48-102-101 – 48-102-405
Chapter 103 Corporate Takeovers 48-103-101 – 48-103-505

Terms Used In Tennessee Code > Title 48 > Miscellaneous Corporation Provisions

  • Acquire: means to construct or to acquire by purchase, lease, lease-purchase, devise, gift, exercise of the power of eminent domain, or exercise of any other mode of acquisition. See Tennessee Code 7-36-102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliate: when used to indicate a relationship with an interested shareholder, means a person that directly or indirectly through one (1) or more intermediaries, controls, or is controlled by, or is under common control with, or is acting in concert with, a specified person. See Tennessee Code 48-103-203
  • Affiliate: means :

    • (A)

      • (i) Any person who, directly or indirectly, beneficially owns, controls or holds the power to vote fifteen percent (15%) or more of the outstanding voting securities or other voting ownership interest of a TNInvestco or insurance company. See Tennessee Code 4-28-102

      • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
      • Agency: means the housing development agency, created pursuant to §. See Tennessee Code 13-22-101
      • Agency: means any administrative unit within state government that utilizes one (1) or more printed forms for information reporting by citizens or businesses. See Tennessee Code 4-25-103
      • Agriculture: means :

        • (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105

        • Allocation date: means the date on which investment tax credits under §. See Tennessee Code 4-28-102
        • Amortization: Paying off a loan by regular installments.
        • Announcement date: when used in reference to any business combination, means the date of the first public announcement of a final definitive proposal for such business combination. See Tennessee Code 48-103-203
        • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
        • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
        • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
        • Applicant: means any person planning or proposing a project which has been designated a major energy project. See Tennessee Code 13-18-102
        • Appraisal: A determination of property value.
        • Approval: means any permit, license, lease, certificate, right-of-way, or other grant, rate, ruling, or decision authorized or issued by an agency of state or local government. See Tennessee Code 13-18-102
        • Arrest: Taking physical custody of a person by lawful authority.
        • Articles of conversion: means the form of articles provided for in chapter 204 of this title creating a new LLC and evidencing the conversion of an existing partnership or corporation to the new LLC which shall have all of the assets and liabilities of the former partnership. See Tennessee Code 48-202-101
        • articles of incorporation: includes all documents serving a similar function required to be filed with the secretary of state or other state office of the LLC's jurisdiction of organization. See Tennessee Code 48-202-101
        • articles of organization: means in the case of an LLC organized under chapters 201-248 of this title, articles of organization, articles of amendment, articles of correction, certificates of merger, and all similar documents required to be filed with any of the foregoing as part of the formation and continuation of an LLC. See Tennessee Code 48-202-101
        • Assessed value basis: means the apportionment of the applicable cost according to the ratio that the assessed value of the individual parcels of property bears to the total assessed value of all such properties at such time as is determined by the legislative body. See Tennessee Code 7-32-101
        • Associate: when used to indicate a relationship with an interested shareholder, means:

          • (A) Any domestic or foreign corporation, partnership, syndicate, joint venture or other unincorporated organization of which such person is an officer, director, manager or partner (either general or limited) or is, directly or indirectly, the beneficial owner of ten percent (10%) or more of any class of voting stock. See Tennessee Code 48-103-203

          • Associate: when used to indicate a relationship with any person means:

            • (A) A person that directly or indirectly controls, or is controlled by, or is under common control with, the person specified or who is or intends to act jointly or in concert with such specified person. See Tennessee Code 48-103-302

            • Associated municipality: means a municipality that is located in a county having a population of three hundred thirty-five thousand (335,000) or less, according to the 2010 federal census or any subsequent federal census, and that, as of the date an authority is formed under this chapter, operates an electric system under the authority of chapter 52 of this title. See Tennessee Code 7-36-102
            • Authority: means a governing body identified in §. See Tennessee Code 13-8-102
            • Authority: means a metropolitan port authority created pursuant to this chapter. See Tennessee Code 7-5-103
            • Authority: means a metropolitan celebration authority created pursuant to the authority of this chapter. See Tennessee Code 7-6-103
            • Authority: means an authority created pursuant to this chapter. See Tennessee Code 7-36-102
            • Base investment amount: means fourteen million dollars ($14,000,000) in the case of a qualified TNInvestco receiving one (1) allocation of tax credits and twenty eight million dollars ($28,000,000) in the case of a qualified TNInvestco receiving two (2) allocations of tax credits, which must be available in cash or cash equivalents immediately following the investment by a TNInvestco's participating investors and its owners. See Tennessee Code 4-28-102
            • Beneficial owner: when used with respect to any class or series of shares or other securities, means a person that:

              • (A) Individually, or with or through any of its affiliates or associates, beneficially owns such shares or other securities, directly or indirectly. See Tennessee Code 48-103-203

              • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
              • Benefits received basis: means the apportionment of the applicable costs according to an equitable determination by the legislative body of the municipality of the special benefit received by the individual parcel of property from the public facility, taking into account any of the following factors: square footage of parcels or anticipated improvements, or both, front footage, assessed value, type of use, business classification, property location, zones of benefit or a combination of such factors. See Tennessee Code 7-32-101
              • Bequest: Property gifted by will.
              • Bid bond: means a bond conditioned upon the entering into a contract by a bidder, if the bidder receives the award thereof, and furnishing the prescribed payment bond and performance bond. See Tennessee Code 4-26-102
              • Board: means the board of commissioners of an authority. See Tennessee Code 7-5-103
              • Board: means the board of commissioners of an authority. See Tennessee Code 7-6-103
              • board: means the board of directors or other similar governing body of the corporation. See Tennessee Code 13-30-103
              • Board: means the board of directors of the authority. See Tennessee Code 7-36-102
              • Board: as used in this part , means a board of waterworks and/or sewerage commissioners as required and authorized in this section, constituted and appointed as provided in §§ 7-35-407 -- 7-35-409. See Tennessee Code 7-35-406
              • board of directors: means the governing board of a corporation, whether denominated the board of directors or otherwise, except that no person or group of persons is the board of directors because of powers delegated to that person or group pursuant to §. See Tennessee Code 48-51-201
              • Board of directors: means the board of directors of a corporation created under this part. See Tennessee Code 48-101-102
              • Bonds: includes notes, interim certificates or other obligations of an authority. See Tennessee Code 7-5-103
              • Bonds: includes notes, interim certificates or other obligations of an authority. See Tennessee Code 7-6-103
              • Bonds: means bonds, interim certificates, notes, debentures, lease-purchase agreements, and all other evidences of indebtedness either issued by or the payment of which has been assumed by the authority. See Tennessee Code 7-36-102
              • Bonds: means bonds, notes, interim certificates, or other obligations of a corporation issued pursuant to this part. See Tennessee Code 48-101-301
              • Broker-dealer: includes "broker-dealer" as defined in §. See Tennessee Code 48-103-102
              • Business: means any lawful activity, excepting a farm operation, conducted primarily:

                • (A) For the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property. See Tennessee Code 13-11-103

                • Business: includes every trade, occupation, profession, investment activity and other lawful purpose for gain or the preservation of assets whether or not carried on for profits. See Tennessee Code 48-202-101
                • Business combination: when used in reference to any resident domestic corporation and any interested shareholder of such resident domestic corporation or any affiliate or associate of such interested shareholder, means:

                  • (A) Any merger or consolidation of such resident domestic corporation or any subsidiary of such resident domestic corporation with:

                    • (i) An interested shareholder or any affiliate or associate of such interested shareholder. See Tennessee Code 48-103-203

                    • Bylaws: means the code or codes of rules (other than the charter) adopted pursuant to chapters 51-68 of this title for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated. See Tennessee Code 48-51-201
                    • Bylaws: means the code or codes of rules, other than the charter, adopted pursuant to chapters 51-68 of this title for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated. See Tennessee Code 48-101-902
                    • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
                    • Chambers: A judge's office.
                    • Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
                    • Charitable organization: means a group which is or holds itself out to be a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary organization, or for the benefit of law enforcement personnel, firefighters, or other persons who protect the public safety, or any person who solicits or obtains contributions solicited from the public for charitable purposes. See Tennessee Code 48-101-501
                    • Charitable purpose: means a purpose that:

                      • (A) Would make a corporation operated exclusively for that purpose eligible to be exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. See Tennessee Code 48-51-201

                      • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
                      • Charter: includes amended and restated charters and articles of merger. See Tennessee Code 48-11-201
                      • Charter: means a document containing a unified government structure, pursuant to this chapter, that constitutes the fundamental law of the unified government. See Tennessee Code 7-21-104
                      • charter commission: means a commission established to propose to the voters for adoption the charter for a metropolitan government. See Tennessee Code 7-1-101
                      • Charter commission: means a commission established to propose the charter to the voters for adoption as provided in this chapter. See Tennessee Code 7-21-104
                      • Chief executive officer of the county: means the officer vested by either the county charter or general law with the executive powers of the county government. See Tennessee Code 7-21-104
                      • city: means any town, city, metropolitan government or county. See Tennessee Code 7-32-101
                      • City governing body: means the city council or other public agency possessing power and authority usually possessed by a city council. See Tennessee Code 7-1-101
                      • City legislative body: means the city council, board of mayor and aldermen or other body possessing the legislative power and authority of the government of a municipality. See Tennessee Code 7-21-104
                      • Class: when used with reference to membership interests, means a category of membership interests that differs in one (1) or more rights or preferences from another category of membership interests of the LLC. See Tennessee Code 48-202-101
                      • Collector: includes any person entrusted with the collection of public revenue. See Tennessee Code 1-3-105
                      • Commercial co-venturer: means any person who:

                        • (A) Is organized for profit. See Tennessee Code 48-101-501

                        • Commission: means the state building commission. See Tennessee Code 4-15-107
                        • Commissioner: means the commissioner of economic and community development. See Tennessee Code 4-26-102
                        • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 48-103-102
                        • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
                        • Comparable replacement dwelling: means any dwelling that is:

                          • (A) Decent, safe, and sanitary. See Tennessee Code 13-11-103

                          • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
                          • Consideration: means the consideration charged, whether or not received, for the occupancy in a hotel valued in money whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits, property and services of any kind or nature without any deduction therefrom whatsoever. See Tennessee Code 7-4-101
                          • Conspicuous: means so written that a reasonable person against whom the writing is to operate should have noticed it. See Tennessee Code 48-11-201
                          • Contact agency: means the department of economic and community development. See Tennessee Code 13-18-102
                          • Continuing shares: means shares held continuously of record in the name of the beneficial owner or the beneficial owner's trustee, guardian, administrator, executor, conservator or similar fiduciary on behalf of such beneficial owner, on the resident domestic corporation's stock transfer records or reported to the securities and exchange commission on a Schedule 13D or 13G or Form 3 or 4 filing pursuant to the Exchange Act for one (1) year or more prior to the date of the shareholders' meeting at which the charter or bylaw amendment is considered. See Tennessee Code 48-103-203
                          • Contributions: means the promise or grant of any money or property of any kind or value, including the payment or promise to pay in consideration of a sale, performance or show of any kind which is advertised or offered in conjunction with the name of any charity. See Tennessee Code 48-101-501
                          • Control: means the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person whether through the ownership of voting securities, by contract or otherwise. See Tennessee Code 48-103-302
                          • Control: means the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person whether through the ownership of voting securities, by contract or otherwise. See Tennessee Code 48-103-502
                          • control: means the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract, or otherwise. See Tennessee Code 48-103-102
                          • Control share acquisition: means the acquisition, directly or indirectly, by any person of ownership of, or the power to direct the exercise of voting power with respect to, issued and outstanding control shares. See Tennessee Code 48-103-302
                          • control shares: includes such shares only to the extent to which their acquisition causes the acquiring person to exceed any threshold of voting power set forth above for which approval has not been obtained previously pursuant to §. See Tennessee Code 48-103-302
                          • Convention center: means any land, improvement, structure, building or part of a building comprised of facilities for conventions, public assemblies, conferences, trade exhibitions or other business, social, cultural, scientific and public interest events, along with any associated hotel accommodations. See Tennessee Code 7-4-101
                          • Corporation: means a corporation organized under the laws of Tennessee which has become subject to this part pursuant to §. See Tennessee Code 48-103-302
                          • Corporation: means a corporation created pursuant to this chapter to operate a land bank. See Tennessee Code 13-30-103
                          • Corporation: means a development credit corporation created under this part. See Tennessee Code 48-101-102
                          • Corporation: means any corporation organized pursuant to this part. See Tennessee Code 48-101-301
                          • Corporation: means a public benefit or mutual benefit corporation which is not a foreign corporation, incorporated under or subject to chapters 51-68 of this title, and is recognized as exempt under § 501(c)(3) of the Internal Revenue Code (26 U. See Tennessee Code 48-101-902
                          • Cost of rehabilitation: means the sum total of the costs incurred by an owner and approved by the agency as reasonable and necessary for carrying out the rehabilitation of housing accommodation or accommodations. See Tennessee Code 13-22-101
                          • Costs: means cost of labor, materials, equipment necessary to complete an improvement, land, easements, and other necessary expenses connected with an improvement, including preliminary and other surveys, inspections of the work, engineers' fees and costs, attorneys' fees, fiscal agents' fees, preparation of plans and specifications, publication expenses, interest that may become due on bonds before collection of the first improvement assessments, a reasonable allowance for unforeseen contingencies, and other costs of financing. See Tennessee Code 7-33-301
                          • County: means any county whose voters have adopted a county charter government. See Tennessee Code 7-21-104
                          • County governing body: means that body in a particular county that is vested with the power to levy property taxes. See Tennessee Code 7-1-101
                          • County legislative body: means that body vested by either the county charter or general law with the legislative powers of the county government. See Tennessee Code 7-21-104
                          • Court: includes every court and judge having jurisdiction in the case. See Tennessee Code 48-202-101
                          • Creating municipality: means any city or county having a metropolitan form of government and having a population of not less than one hundred thousand (100,000), that creates an authority pursuant to this chapter. See Tennessee Code 7-5-103
                          • Creating municipality: means any county having adopted a metropolitan form of government that creates an authority pursuant to this chapter. See Tennessee Code 7-6-103
                          • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
                          • Deed: The legal instrument used to transfer title in real property from one person to another.
                          • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
                          • delivery: means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery, and, if authorized in accordance with §. See Tennessee Code 48-11-201
                          • Department: means the department of economic and community development. See Tennessee Code 4-26-102
                          • Department: means the department of general services. See Tennessee Code 4-25-103
                          • Dependent: A person dependent for support upon another.
                          • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
                          • Designated capital: means an amount of money that is invested by a participating investor in a qualified TNInvestco. See Tennessee Code 4-28-102
                          • Devise: To gift property by will.
                          • Director: means the director of the office of business enterprise. See Tennessee Code 4-26-102
                          • Director: means the commissioner of the department. See Tennessee Code 4-25-103
                          • Directors: means natural persons, designated in the charter or bylaws or elected or appointed by the incorporators, and their successors and natural persons elected or appointed to act as members of the board, irrespective of the names or titles by which such persons are described. See Tennessee Code 48-51-201
                          • Disability: means a physical impairment that, in the written opinion of a person's licensed physician, substantially limits one (1) or more of the major life activities of such person and is expected to continue to exist for more than five (5) years. See Tennessee Code 4-26-102
                          • Disadvantaged business: means a business that is solely owned, or at least fifty-one percent (51%) of the outstanding stock of which is owned, by a person who is either:

                            • (A) By reason of social background unable to obtain technical, business or financial assistance of a quality or quantity similar to that available to the average business. See Tennessee Code 4-26-102

                            • Disaster: means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by a county, the governor, or the president of the United States. See Tennessee Code 48-101-501
                            • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
                            • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
                            • Displaced person: means , except as provided in subdivision (2)(B):

                              • (A) Any person who moves from real property, or moves such person's personal property from real property:

                                • (i) As a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a state agency or with federal financial assistance. See Tennessee Code 13-11-103

                                • Displacing agency: means any state agency undertaking a program or project with or without federal financial assistance, which causes a person to be displaced, a local agency undertaking a program or project with federal or state financial assistance, which causes a person to be displaced, or a person undertaking a program or project with federal financial assistance, which causes a person to be displaced. See Tennessee Code 13-11-103
                                • Dispose: means to sell, lease, convey, or otherwise transfer any property or any interest in property of the authority. See Tennessee Code 7-36-102
                                • Disqualified person: means an individual or entity that for any reason is or becomes ineligible under this part to be issued shares by a professional corporation. See Tennessee Code 48-101-603
                                • Dissolution: means that the LLC has incurred an event under §. See Tennessee Code 48-202-101
                                • Distribution: means a direct or indirect transfer of money or other property (except its own membership interests) with or without consideration, or an incurrence or issuance of indebtedness, (whether directly or indirectly, including through a guaranty) by an LLC to or for the benefit of any of its members in respect of membership interests. See Tennessee Code 48-202-101
                                • Docket: A log containing brief entries of court proceedings.
                                • Document: means :

                                  • (A) Any tangible medium on which information is inscribed, and includes any writing or written instrument. See Tennessee Code 48-11-201

                                  • domestic corporation: means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the Tennessee Business Corporation Act, compiled in chapters 11-27 of this title, as amended. See Tennessee Code 48-202-101
                                  • Domestic professional corporation: means a professional corporation. See Tennessee Code 48-101-603
                                  • donor: means any person from whom a charitable contribution or donation is solicited, directly or indirectly, by whatever means by any professional solicitor, a charitable organization or other person, whether any contribution is received in response to the solicitation. See Tennessee Code 48-101-501
                                  • Driveway: means a vehicular access roadway less than twenty-four feet (24?) in width and serving no more than two (2) single-family dwellings. See Tennessee Code 13-8-102
                                  • Electric service: means the furnishing of electric power and energy for lighting, heating, power, or any other purpose for which electric power and energy can be used. See Tennessee Code 7-36-102
                                  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 48-11-201
                                  • Employee: includes an officer but not a director. See Tennessee Code 48-11-201
                                  • Energy: means any and all forms of energy no matter how or where generated or produced. See Tennessee Code 7-36-102
                                  • Enterprise: means the health, educational or housing operations to be carried on with the facilities of a project. See Tennessee Code 48-101-301
                                  • Entity: includes the following, whether foreign or domestic: LLCs. See Tennessee Code 48-202-101
                                  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
                                  • Equity security: means any share of stock or similar securities, or any securities convertible into such securities, or carrying any warrant or right to subscribe to or purchase such securities, or any such warrant or right, or any other security which the commissioner shall consider necessary or appropriate, by such rules and regulations as the commissioner may prescribe in the public interest or for the protection of investors, to deem to be an equity security. See Tennessee Code 48-103-102
                                  • Ex officio: Literally, by virtue of one's office.
                                  • Exchange: means any share exchange whether pursuant to a plan of exchange under §§. See Tennessee Code 48-103-203
                                  • Exchange Act: means the Act of Congress known as the Securities Exchange Act of 1934 (15 U. See Tennessee Code 48-103-203
                                  • Executive officer: means the mayor, county mayor, or other chief executive officer of any creating municipality. See Tennessee Code 7-5-103
                                  • Executive officer: means the mayor, county mayor or other chief executive officer of any creating municipality. See Tennessee Code 7-6-103
                                  • Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
                                  • Fair basis: means assessed value basis, square foot basis, or benefits received basis. See Tennessee Code 7-32-101
                                  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
                                  • Farm operation: means any activity conducted solely or primarily for the production of one (1) or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Tennessee Code 13-11-103
                                  • Federal agency: means the United States, the president of the United States, the Tennessee Valley authority, and any other authority, agency, instrumentality, or corporation of the United States. See Tennessee Code 7-36-102
                                  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
                                  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
                                  • Felony: A crime carrying a penalty of more than a year in prison.
                                  • Fiduciary: A trustee, executor, or administrator.
                                  • Financial institution: means any banking corporation or institution, trust company, savings bank, cooperative bank, savings and loan association, insurance company, or related corporation, partnership, foundation, or other institution engaged primarily in lending or investing funds. See Tennessee Code 48-101-102
                                  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
                                  • Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Tennessee Code 48-202-101
                                  • Foreign corporation: means a nonprofit corporation incorporated under a law other than the law of this state, which would be a nonprofit corporation if formed under the laws of this state. See Tennessee Code 48-101-902
                                  • Foreign professional corporation: means a corporation or association for profit incorporated for the purpose of rendering professional services under a law other than the law of this state. See Tennessee Code 48-101-603
                                  • Form: means a printed or otherwise mass-duplicated document of standard format distributed by an agency for the purpose of gathering information from citizens or businesses. See Tennessee Code 4-25-103
                                  • Gated facility or community: means a multifamily residential property or commercial or industrial development or compound that has a security gate or barrier to block the entrance to the facility or community from a public street to a private street, parking lot or driveway of the facility or community. See Tennessee Code 13-8-102
                                  • General services district: means a service district within a metropolitan government whose geographical limits are coextensive with the total area in which the government functions. See Tennessee Code 7-1-101
                                  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
                                  • Governing body: means the chief legislative body of any creating municipality. See Tennessee Code 7-5-103
                                  • Governing body: means bodies and boards, by whatsoever names they may be known, charged with the governing of a municipality. See Tennessee Code 7-34-102
                                  • Governing body: means the legislative body of the associated municipality creating an authority pursuant to this chapter or, as applicable in §. See Tennessee Code 7-36-102
                                  • Governing body: means bodies and boards, by whatsoever names they may be known, charged with the governing of a municipality. See Tennessee Code 7-37-102
                                  • Governing body: means the legislative body of a county or the board or other body in which the general legislative powers of a city or town are vested. See Tennessee Code 48-101-301
                                  • Governing body: means the board of governors in the case of a board-managed LLC, the members in the case of a member-managed LLC, and the board of directors in the case of a corporation. See Tennessee Code 48-202-101
                                  • Governing body: means the board or body in which the general legislative powers of a municipality are vested. See Tennessee Code 7-33-301
                                  • Governor: means a natural person or entity serving on the board of governors of a board-managed LLC. See Tennessee Code 48-202-101
                                  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
                                  • Grantor: The person who establishes a trust and places property into it.
                                  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
                                  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
                                  • Hospital institution: means any city, county, metropolitan government, or other local governmental entity, or any institution organized for-profit or not for profit authorized by law to provide congregate elderly facilities or extended care, hospital, or nursing home facilities in this state, or any finance subsidiary of such hospital institution. See Tennessee Code 48-101-301
                                  • Hotel: means any structure, or any portion of any structure, that is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist court, tourist camp, tourist cabin, motel or any place in which rooms, lodgings or accommodations are furnished to transients for a consideration. See Tennessee Code 7-4-101
                                  • Housing: means any multi-family housing facilities to be occupied by persons of low and/or moderate income, and/or elderly, and/or handicapped persons as may be determined by the board of directors, which determination shall be conclusive. See Tennessee Code 48-101-301
                                  • Housing accommodation: means any building or structure, or portion thereof, and facilities incidental thereto, which is occupied or used, or is intended to be occupied or used, as the residence or home of one (1) or more persons or families. See Tennessee Code 13-22-101
                                  • Housing trust fund: means appropriations, reserves or dedications of any funds by the county. See Tennessee Code 7-8-102
                                  • Improve: means to construct, reconstruct, repair, extend, enlarge, or alter. See Tennessee Code 7-36-102
                                  • Improvement: means any extension, betterment, or addition to any system. See Tennessee Code 7-36-102
                                  • Improvement: means the construction, installation or substantial reconstruction of sanitary sewers. See Tennessee Code 7-33-301
                                  • Improvement assessment: means an assessment made each year against benefited property to pay the costs of an improvement, in the proportion that the assessed value of each parcel or lot of benefited property bears to the total assessed value of all benefited property according to the latest assessments of such property for purposes of municipal property taxation or as provided by this part. See Tennessee Code 7-33-301
                                  • Improvement to real property: means :

                                    • (A) The construction or erection of new buildings or structures in which the state of Tennessee or any of its departments, institutions or agencies have an interest, whether financed by public or private funds or both. See Tennessee Code 4-15-107

                                    • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
                                    • Individual: includes the estate of an incompetent or deceased individual. See Tennessee Code 48-11-201
                                    • Industrial building: means any one (1) or combination of buildings, structures or facilities leased, or to be leased, to an industrial or commercial concern by the municipality and used, or to be used, as a factory, mill, shop, assembly plant, processing plant, fabricating plant, ship canal, port or port facility, dock or dock facility, harbor facility, railroad, railway terminal, railway belt line, railway switching facility or office building or buildings for the use of such concern, including the industrial building site and any warehouse building or facility incidental to such industrial building, which may include any manufacturing, processing or building equipment or machinery necessary to the operation conducted, or to be conducted, in such industrial building by an industrial concern. See Tennessee Code 7-37-102
                                    • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
                                    • Institution for higher education: means any institution organized for-profit or not for profit authorized by law to provide a program of education at the primary level, secondary level or beyond the secondary level in this state. See Tennessee Code 48-101-301
                                    • insurable mortgage: means a mortgage loan and deed of trust, or other instrument, which constitutes a first lien on improvements and real property in this state held in fee simple or on a leasehold under a lease having a remaining term, at the time a mortgage is insured under this chapter, of at least twenty percent (20%) greater duration than the remaining term of the loan obligation secured by such mortgage deed of trust. See Tennessee Code 13-22-101
                                    • Interest: means either or both of the following rights under the organic law of an unincorporated entity:

                                      • (A) The right to receive distributions from the entity either in the ordinary course or upon liquidation. See Tennessee Code 48-11-201

                                      • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
                                      • Interested shareholder: when used in reference to any resident domestic corporation, means any person (other than such resident domestic corporation or any subsidiary of such resident domestic corporation) that:

                                        • (A)

                                          • (i) Is the beneficial owner, directly or indirectly, of ten percent (10%) or more of the voting power of any class or series of the then outstanding voting stock of such resident domestic corporation. See Tennessee Code 48-103-203

                                          • Interested shares: means the shares of a corporation which are owned, or with respect to which an irrevocable proxy is held, by:

                                            • (A) An acquiring person. See Tennessee Code 48-103-302

                                            • Joint review process: means the process provided by §§. See Tennessee Code 13-18-102
                                            • Joint review staff: means those persons from involved agencies who are designated to staff the joint review team. See Tennessee Code 13-18-102
                                            • knowing: means actual awareness of the falsity or deception, but actual awareness may be inferred when objective manifestations indicate that a reasonable person would have known or would have reason to know of the falsity or deception. See Tennessee Code 48-101-501
                                            • Land bank: means real property, however obtained or acquired and held by a corporation, created pursuant to this chapter, with the intent of acquiring and holding onto the real property so acquired until such a time as the corporation is able to find a willing and able buyer to acquire the real property from the corporation. See Tennessee Code 13-30-103
                                            • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
                                            • Law: includes rules promulgated in accordance with §. See Tennessee Code 48-101-603
                                            • Lead state agency: means the department or agency of the state determined by the governor to be most involved in the joint review process. See Tennessee Code 13-18-102
                                            • Lease: includes a lease containing an option to purchase the project for a nominal sum upon payment in full or provision for the purchase of all bonds issued in connection with the project and all interest on the bonds and all other expenses in connection with the project, and a lease containing an option to purchase the project at any time, as provided in the option, upon payment of the purchase price, which shall be sufficient to pay all bonds issued in connection with the project and all interest on the bonds and all other expenses incurred in connection with the project, but which payment may be made in the form of one (1) or more notes, debentures, bonds or other secured or unsecured debt obligations of the lessee providing for time payments, including, without limitation, interest on the notes, debentures, bonds or other secured or unsecured debt obligations sufficient for such purposes and delivered to the corporation or to the trustee under the indenture pursuant to which the bonds were issued. See Tennessee Code 7-5-103
                                            • Lease: includes a lease containing an option to purchase the project for a nominal sum upon payment in full, or provision therefor, of all bonds issued in connection with the project and all interest thereon and all other expenses in connection with the project, and a lease containing an option to purchase the project at any time, as provided therein, upon payment of the purchase price which shall be sufficient to pay all bonds issued in connection with the project and all interest thereon and all other expenses incurred in connection with the project, but which payment may be made in the form of one (1) or more notes, debentures, bonds, or other secured or unsecured debt obligations of the lessee providing for timely payments, including, but not limited to, interest thereon sufficient for such purposes and delivered to the corporation or to the trustee under the indenture pursuant to which the bonds were issued. See Tennessee Code 48-101-301
                                            • Licensing authority: means the officer, board, agency, court or other authority in this state empowered to license or otherwise authorize the rendition of a professional service. See Tennessee Code 48-101-603
                                            • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
                                            • Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
                                            • LLC: means a limited liability company, foreign or domestic, organized under or subject to the Tennessee Limited Liability Company Act, compiled in chapters 201-248 of this title. See Tennessee Code 48-101-702
                                            • LLC: means a limited liability company, whether foreign or domestic, that is formed under, that is subject to, or that has elected to be governed by, as applicable, the Tennessee Revised Limited Liability Company Act, compiled in chapter 249 of this title, except where expressly indicated otherwise. See Tennessee Code 48-101-802
                                            • Loan agreement: means an agreement providing for an authority to loan the proceeds derived from the issuance of bonds pursuant to this chapter to one (1) or more contracting parties, to be used to pay the costs of one (1) or more projects and providing for the repayment of the loan by the other contracting party or parties, and which may provide for the loans to be secured or evidenced by one (1) or more notes, debentures, bonds or other secured or unsecured debt obligations of the contracting party or parties delivered to the authority or to the trustee under the indenture pursuant to which the bonds were issued. See Tennessee Code 7-5-103
                                            • Loan agreement: means an agreement providing for a corporation to loan the proceeds derived from the issuance of bonds pursuant to this part to one (1) or more contracting parties to be used to pay the cost of one (1) or more projects and providing for the repayment of such loan by the other contracting party or parties, and which may provide for such loans to be secured or evidenced by one (1) or more notes, debentures, bonds or other secured or unsecured debt obligations of the contracting party or parties, delivered to the corporation or to the trustee under the indenture pursuant to which the bonds were issued. See Tennessee Code 48-101-301
                                            • Loan limit: means , for any member, the maximum amount permitted to be outstanding at one (1) time on loans made by such member to the corporation, as determined under this part. See Tennessee Code 48-101-102
                                            • Local agency: means any political subdivision of the state or any department, agency, or instrumentality of a political subdivision of the state or any department, agency, or instrumentality of two (2) or more political subdivisions of the state when carrying out or undertaking programs or projects with federal or state financial assistance. See Tennessee Code 13-11-103
                                            • Local government: means any government body, including any municipality, county, or utility district or any political subdivision of this state. See Tennessee Code 13-18-102
                                            • Local government: means :

                                              • (A) Any home rule municipality. See Tennessee Code 13-30-103

                                              • Local law: means the rules, regulations, resolutions, ordinances, codes, case law, and other laws of any local government. See Tennessee Code 13-18-102
                                              • Low income persons: means qualified persons or families who lack the amount of income that is necessary, as determined by the agency, to enable them, without low interest financial assistance, to live in decent, safe and affordable dwellings without overcrowding. See Tennessee Code 7-8-102
                                              • Major energy project: means any project at one (1) physical location which has been determined by the contact agency to be in the state interest pursuant to its authority under §. See Tennessee Code 13-18-102
                                              • major life activities: means caring for oneself and performing manual tasks, which includes writing, walking, seeing, hearing, speaking, and breathing. See Tennessee Code 4-26-102
                                              • Major maintenance: means the repair or renovation of any building or structure or any portion thereof in which the state of Tennessee or any of its departments, institutions or agencies have an interest and that is being funded by direct appropriations for major maintenance or that will cost in excess of one hundred thousand dollars ($100,000). See Tennessee Code 4-15-107
                                              • Manager: means a person elected, appointed, or otherwise designated as a manager by the governing body, and any other person considered elected as a manager pursuant to §. See Tennessee Code 48-202-101
                                              • Market value: when used in reference to property of any resident domestic corporation, means:

                                                • (A) In the case of shares, the highest closing sale price during the thirty-day period immediately preceding the date in question of a share of such shares on the composite tape for New York Stock Exchange-listed stocks, or, if such shares are not quoted on such composite tape or if such shares are not listed on such exchange, on the principal United States securities exchange registered under the Exchange Act on which such shares are listed or, if such shares are not listed on any such exchange, the highest closing sale price (or bid quotation if no such sale price exists) with respect to such shares during the thirty-day period preceding the date in question on the National Association of Securities Dealers, Inc. See Tennessee Code 48-103-203

                                                • Mayor: means such officer vested by either the city charter or general law with the executive powers of a municipality. See Tennessee Code 7-21-104
                                                • Member: means any financial institution authorized to do business within this state which shall undertake to lend money to a corporation created under this part, upon its call, and in accordance with this part. See Tennessee Code 48-101-102
                                                • Member: means a person reflected in the required records of an LLC as the owner of some governance rights of a membership interest of the LLC. See Tennessee Code 48-202-101
                                                • Membership: means the rights and obligations a member has pursuant to a corporation's charter, bylaws and chapters 51-68 of this title. See Tennessee Code 48-51-201
                                                • Merger: means any merger whether pursuant to a plan of merger under §§. See Tennessee Code 48-103-203
                                                • Metropolitan council: means the council of a county having a metropolitan form of government that has a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census. See Tennessee Code 7-4-201
                                                • Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities. See Tennessee Code 7-1-101
                                                • Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities. See Tennessee Code 7-5-103
                                                • Metropolitan government: means any county having a metropolitan form of government that has a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census. See Tennessee Code 7-4-201
                                                • Minority-owned business: means a business that is solely owned, or at least fifty-one percent (51%) of the assets or outstanding stock of which is owned, by an individual who personally manages and controls the daily operations of the business and who is impeded from normal entry into the economic mainstream because of:

                                                  • (A) Past practices of discrimination based on race, religion, ethnic background, or sex. See Tennessee Code 7-4-201

                                                  • Month: means a calendar month. See Tennessee Code 1-3-105
                                                  • Month: means the time from any day of any month to the corresponding day of the succeeding month, if any, and if none, the last day of the succeeding month. See Tennessee Code 48-11-201
                                                  • Mortgage: means such classes of liens as are commonly given to secure advances on or the unpaid purchase price of, real property, under the laws of this state, together with the credit instruments, if any, secured thereby. See Tennessee Code 13-11-103
                                                  • Mortgage insurance fund: means the mortgage insurance fund established pursuant to §. See Tennessee Code 13-22-101
                                                  • Mortgage insurance fund requirement: means as of any particular date of computation, an amount of money equal to the aggregate of:

                                                    • (A) The insured amounts of mortgages in default as determined by the agency pursuant to its contracts to insure the mortgages. See Tennessee Code 13-22-101

                                                    • mortgage lender: includes the housing development agency. See Tennessee Code 13-22-101
                                                    • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
                                                    • Mortgagee: means the original mortgage lender under an insurable mortgage, and its successors and assigns, as approved by the agency. See Tennessee Code 13-22-101
                                                    • Mortgagor: means the original borrower under an insurable mortgage, and such original borrower's successors and assigns, as approved by the agency. See Tennessee Code 13-22-101
                                                    • Municipal bonds: means bonds of the associated municipality issued to finance or refinance any of the systems. See Tennessee Code 7-36-102
                                                    • Municipal corporation: means an incorporated city or town. See Tennessee Code 7-1-101
                                                    • Municipal corporation: means any incorporated city or town in this state and any utility district created pursuant to chapter 82 of this title. See Tennessee Code 7-35-401
                                                    • Municipal electric system: means the electric system division or department of the associated municipality. See Tennessee Code 7-36-102
                                                    • Municipality: means any county or incorporated city or town of the state. See Tennessee Code 7-34-102
                                                    • Municipality: means any county or incorporated city or town within or outside this state. See Tennessee Code 7-36-102
                                                    • Municipality: means any incorporated city or town, county or a metropolitan government in this state. See Tennessee Code 7-37-102
                                                    • Municipality: means an incorporated city or town located within the boundaries of a county whose voters have adopted a county charter government. See Tennessee Code 7-21-104
                                                    • Municipality: means any county or incorporated city or town in this state with respect to which a corporation may be organized. See Tennessee Code 48-101-301
                                                    • Municipality: means incorporated city or town. See Tennessee Code 7-33-301
                                                    • Mutual benefit corporation: means a domestic corporation which becomes by operation of law a mutual benefit corporation pursuant to §. See Tennessee Code 48-101-902
                                                    • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
                                                    • Nonprofit corporation: means a nonprofit corporation, whether foreign or domestic, incorporated pursuant to or subject to chapters 51-68 of this title and exempt from franchise and excise tax as not-for-profit as defined in §. See Tennessee Code 48-101-802
                                                    • nonprofit LLC: means a limited liability company:

                                                      • (A) That is disregarded as an entity for federal income tax purposes. See Tennessee Code 48-101-702

                                                      • Oath: includes affirmation. See Tennessee Code 1-3-105
                                                      • Obligee: means :

                                                        • (A) In the case of a bid bond, the person requesting bids for the performance of a contract. See Tennessee Code 4-26-102

                                                        • Occupancy: means the use or possession, or the right to the use or possession, of any room, lodgings or accommodations in a hotel for a period of less than thirty (30) continuous days. See Tennessee Code 7-4-101
                                                        • Offeree: means the record holder and beneficial owner of equity securities which an offeror acquires or offers to acquire in connection with a takeover offer. See Tennessee Code 48-103-102
                                                        • Offeree company: means a corporation or other issuer of equity securities which is incorporated or organized under the laws of this state or has its principal office in this state, which has substantial assets located in this state, and which is or may be involved in a takeover offer relating to any class of its equity securities. See Tennessee Code 48-103-102
                                                        • Offeror: means a person who makes or in any way participates in making a takeover offer, and includes all affiliates and associates of that person and all persons acting jointly or in concert for the purpose of acquiring, holding or disposing of or exercising any voting rights attaching to the equity securities for which a takeover offer is made. See Tennessee Code 48-103-102
                                                        • Operator: means the person operating the hotel, whether as owner, lessee or otherwise. See Tennessee Code 7-4-101
                                                        • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
                                                        • other contracting party: means any party to a sale contract, lease, or loan agreement except the authority. See Tennessee Code 7-5-103
                                                        • other contracting party: means any party to a sale contract or loan agreement except the corporation. See Tennessee Code 48-101-301
                                                        • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
                                                        • Owner: means any person, firm, partnership or agency, either public or private, having the legal or beneficial ownership of a housing accommodation or of a building, structure, or property containing one (1) or more housing accommodations. See Tennessee Code 13-22-101
                                                        • Owners: means members in the case of an LLC, shareholders in the case of a corporation, partners in the case of general or limited partnerships and the equivalent with respect to other entities. See Tennessee Code 48-202-101
                                                        • Ownership interests: means membership interests in the case of an LLC, shares in the case of a corporation, partnership interests in the case of general or limited partnerships and the equivalent with respect to other entities. See Tennessee Code 48-202-101
                                                        • Parent nonprofit corporation: means a nonprofit corporation that is the sole member of a nonprofit corporation. See Tennessee Code 48-101-702
                                                        • Parent nonprofit corporation: means a nonprofit corporation that is the sole member of a nonprofit corporation. See Tennessee Code 48-101-802
                                                        • Participating governmental unit: means a county whose voters have adopted a county charter government or a municipality located within that county's boundaries that has elected to participate in the preparation of a charter pursuant to this chapter. See Tennessee Code 7-21-104
                                                        • Participating investor: means any insurance company required to pay the gross premiums tax pursuant to §. See Tennessee Code 4-28-102
                                                        • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
                                                        • Payment bond: means a bond conditioned upon the payment by the principal of money to persons under contract with the principal. See Tennessee Code 4-26-102
                                                        • Performance bond: means a bond conditioned upon the completion by the principal of a contract in accordance with its terms. See Tennessee Code 4-26-102
                                                        • Person: means any individual, partnership, limited partnership, syndicate, corporation, joint-stock company, unincorporated organization, trust or association. See Tennessee Code 48-103-102
                                                        • Person: means any individual, domestic or foreign corporation, partnership (general or limited), syndicate, joint venture, trust estate, unincorporated association or other entity. See Tennessee Code 48-103-203
                                                        • Person: means any natural person or entity, including, but not limited to, a corporation, general or limited partnership, trust or limited liability company. See Tennessee Code 4-28-102
                                                        • Person: means and includes, but is not limited to, a partnership, company, corporation, association, individual, or family who is undertaking programs or projects with federal financial assistance, or such other person, business or farm operation which is entitled to any financial or other benefit as a result of federal financial assistance, or the undertaking of any program or project by a state agency. See Tennessee Code 13-11-103
                                                        • Person: means any individual, corporation, partnership, unincorporated association or other entity and any "associate" (as defined in subdivision (1)) of such individual or entity. See Tennessee Code 48-103-302
                                                        • Person: means any individual, corporation, partnership, unincorporated association or other entity and any "associate" (as defined in subdivision (1)) of such individual or entity. See Tennessee Code 48-103-502
                                                        • Person: means any individual, cooperative, partnership, corporation, association, consortium, unincorporated organization, trust, estate, nonprofit institution or any entity organized for a common purpose, and any instrumentality of state or local government. See Tennessee Code 13-18-102
                                                        • Person: means any natural person, firm, association, corporation, limited liability company, business trust, partnership, or governmental entity. See Tennessee Code 7-36-102
                                                        • Person: means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. See Tennessee Code 7-4-101
                                                        • Person: includes individual and entity. See Tennessee Code 48-202-101
                                                        • Person: means any individual, organization, trust, foundation, group, association, partnership, corporation, society or any combination of them. See Tennessee Code 48-101-501
                                                        • Person: means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, business organization, receiver, trustee, syndicate, or any other group or combination acting as a unit. See Tennessee Code 7-4-201
                                                        • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
                                                        • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
                                                        • Pollution: means the placing of any noxious or deleterious substances, including noise, in any air or water of or adjacent to the state of Tennessee or affecting the physical, chemical or biological properties of any air or waters of or adjacent to the state of Tennessee in a manner and to an extent that renders or is likely to render the air or waters inimical or harmful to the public health, safety or welfare, or to any animal, bird or aquatic life, or to the use of the air or waters for domestic, industrial, agricultural or recreational purposes. See Tennessee Code 7-5-103
                                                        • Pollution control facilities: means any equipment, structure or facility or any land and any building, structure, and facility or other improvement of any kind, or any combination thereof, and all real and personal property deemed necessary therewith having to do with or the end purpose of which is the control, abatement or prevention of water, air, noise or general environmental pollution, including, but not limited to, any air pollution control facility, noise abatement facility, water management facility, wastewater collecting systems, wastewater treatment works, or solid waste disposal facility. See Tennessee Code 7-5-103
                                                        • Port: means a terminal facility with all associated components necessary for the loading and unloading of goods and people involved in inland waterway transport and navigation. See Tennessee Code 7-5-103
                                                        • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
                                                        • Prime contractor: means the person with whom the obligee has contracted to perform the contract. See Tennessee Code 4-26-102
                                                        • Principal: means :

                                                          • (i) In the case of a bid bond, a person bidding for the award of a contract. See Tennessee Code 4-26-102

                                                          • Principal city: means :

                                                            • (A) That municipal corporation having the largest population of any municipality in a particular county. See Tennessee Code 7-1-101

                                                            • Principal city: means that municipality having the largest population of any municipality in a particular county. See Tennessee Code 7-21-104
                                                            • Principal office: means the office (in or out of this state) so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Tennessee Code 48-11-201
                                                            • Probable cause: A reasonable ground for belief that the offender violated a specific law.
                                                            • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
                                                            • Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Tennessee Code 48-202-101
                                                            • Professional corporation: means a corporation for profit, other than a foreign professional corporation, subject to this part. See Tennessee Code 48-101-603
                                                            • Professional service: means a service that may be lawfully rendered only by a person licensed or otherwise authorized by a licensing authority in this state to render the service, and that may not be lawfully rendered by a corporation under the Tennessee Business Corporation Act, compiled in chapters 11-27 of this title. See Tennessee Code 48-101-603
                                                            • Professional solicitor: means any person who, for a financial or other consideration, solicits contributions for, or on behalf of, a charitable organization, whether such solicitation is performed personally or through such person's agents, servants or employees or through agents, servants or employees specially employed by or for a charitable organization, who are engaged in the solicitation of contributions under the direction of such person, or a person who plans, conducts, manages, carries on or advises a charitable organization in connection with the solicitation of contributions. See Tennessee Code 48-101-501
                                                            • Profit share percentage: means a fee paid to the state by a qualified TNInvestco as provided in §. See Tennessee Code 4-28-102
                                                            • Program: means the forms reduction and management program. See Tennessee Code 4-25-103
                                                            • Project: means all or any part of, or any interest in:

                                                              • (i) Any land and building, including office building, and facility or other improvement on land, and all real and personal properties deemed necessary in connection therewith, whether or not now in existence, that shall be suitable for the following or by any combination of two (2) or more thereof:

                                                                • (a) Any industry for the manufacturing, processing or assembling of any agricultural, mining, or manufactured products. See Tennessee Code 7-5-103

                                                                • project: means the purchase of the accounts receivable of any hospital institution. See Tennessee Code 48-101-301
                                                                • Project for a private purpose: includes , but is not limited to:

                                                                  • (a) Any commercial project, commercial subdivision, private residence or residential subdivision that is owned by a nonpublic entity. See Tennessee Code 7-35-401

                                                                  • property to be benefited: means , as determined by the governing body, land, excluding improvement, that is within a reasonable distance from a sanitary sewer and to which is made available a means of drainage for sewage, or that abuts on a street or other public way to be improved. See Tennessee Code 7-33-301
                                                                  • Public benefit corporation: means a domestic corporation which becomes by operation of law a public benefit corporation pursuant to §. See Tennessee Code 48-101-902
                                                                  • Public facility: means roads, streets, sidewalks, utilities, including electrical, gas, water and wastewater improvements, related improvements, parking facilities, parks and greenways and any improvements for public safety, including police and fire stations. See Tennessee Code 7-32-101
                                                                  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
                                                                  • Public works: means any one (1) or combination of two (2) or more of the following: water, sewerage, gas or electric heat, light or power works, plants and systems or parking facilities, together with all parts thereof and appurtenances thereto, including, but not limited to, supply and distribution systems, electrical power purchased from the Tennessee Valley authority or similar governmental agencies, on a current or long-term purchase basis, reservoirs, dams, sewage treatment and disposal works and generating plants. See Tennessee Code 7-34-102
                                                                  • Qualified business: means a business that is independently owned and operated and meets all of the following requirements:

                                                                    • (i) It is headquartered in this state, its principal business operations are located in this state, and at least sixty percent (60%) of its employees are located in this state. See Tennessee Code 4-28-102

                                                                    • Qualified investment: means the investment of cash by a qualified TNInvestco in a qualified business for the purchase of equity, equity options, warrants, or debt convertible to equity. See Tennessee Code 4-28-102
                                                                    • Qualified person: means an individual, general partnership or professional corporation to whom shares under this part may be issued. See Tennessee Code 48-101-603
                                                                    • Quorum: The number of legislators that must be present to do business.
                                                                    • Real estate: means an identified parcel or tract of land, including improvements, if any. See Tennessee Code 13-30-103
                                                                    • Real property: means one (1) or more defined parcels or tracts of land or interests, benefits and rights inherent in the ownership of real estate. See Tennessee Code 13-30-103
                                                                    • Record date: means the date established under chapter 16 or 17 on which a corporation determines the identity of its shareholders for purposes of chapters 11-27 of this title. See Tennessee Code 48-11-201
                                                                    • Refunding bonds: means bonds of the authority issued to refund all or any part of bonds of the authority or the municipal bonds. See Tennessee Code 7-36-102
                                                                    • Registered office: means the place in this state designated in the articles as the registered office of the LLC. See Tennessee Code 48-202-101
                                                                    • Rehabilitation: means the alteration, improvement or repair of one (1) or more housing accommodations and facilities incidental thereto, intended to raise the housing accommodations to the design and condition required for use. See Tennessee Code 13-22-101
                                                                    • Remand: When an appellate court sends a case back to a lower court for further proceedings.
                                                                    • Renovation: means the change in the functional use or operation of space in existing buildings or structures in which the state of Tennessee or any of its departments, institutions or agencies have an interest. See Tennessee Code 4-15-107
                                                                    • Representative: means a governor, manager, employee or other agent of a foreign LLC. See Tennessee Code 48-202-101
                                                                    • Resident domestic corporation: means an issuer of voting stock which, as of the share acquisition date in question, is organized under the laws of Tennessee and meets two (2) or more of the following requirements:

                                                                      • (A)

                                                                        • (i) The corporation has more than either ten thousand (10,000) or ten percent (10%) of its shareholders resident in Tennessee or more than ten percent (10%) of its outstanding shares held by resident Tennessee shareholders. See Tennessee Code 48-103-203

                                                                        • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
                                                                        • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
                                                                        • Sale contract: means a contract providing for the sale of one (1) or more projects to one (1) or more contracting parties and includes a contract providing for payment of the purchase price in one (1) or more installments. See Tennessee Code 7-5-103
                                                                        • Sale contract: means a contract providing for the sale of one (1) or more projects to one (1) or more contracting parties and includes a contract providing for payment of the purchase price in one (1) or more installments. See Tennessee Code 48-101-301
                                                                        • Sanitary sewer: means an underground conduit for the passage of a sewer, and pumping stations, pressure lines, and outlets where deemed necessary. See Tennessee Code 7-33-301
                                                                        • Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
                                                                        • schedule: means the timetable set out by the joint review team in which to accomplish the joint review process, submit applications, hold hearings, and obtain approval of involved agencies. See Tennessee Code 13-18-102
                                                                        • Secretary: means the corporate officer to whom the bylaws or the board of directors has delegated responsibility under §. See Tennessee Code 48-11-201
                                                                        • Secretary of state: means the secretary of state or the secretary of state's authorized representative. See Tennessee Code 48-101-501
                                                                        • Secretary of state: means the person who holds the office of secretary of state of Tennessee. See Tennessee Code 48-202-101
                                                                        • Security gate or barrier: means a gate or barrier, electrically operated, that controls the passage of authorized vehicles and persons from a public street to access roads, driveways or parking lots of the gated facility or community. See Tennessee Code 13-8-102
                                                                        • Series: means a category of membership interests, within a class of membership interests, that have some of the same rights and preferences as other membership interests within the same class, but that differ in one (1) or more rights and preferences from another category of membership interests within that class. See Tennessee Code 48-202-101
                                                                        • Service of process: The service of writs or summonses to the appropriate party.
                                                                        • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
                                                                        • Sewerage system: means all or any part of the following:

                                                                          • (A) The collecting system. See Tennessee Code 7-35-401

                                                                          • Share: means the unit into which the proprietary interests in a corporation are divided. See Tennessee Code 48-11-201
                                                                          • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Tennessee Code 48-11-201
                                                                          • shares: means :

                                                                            • (A) Any stock or other equity interest in any class or series of stock designated in the charter of the resident domestic corporation or its subsidiaries, any certificate of interest, any participation in any profit sharing agreement, any voting trust certificate, or any certificate of deposit for stock in any class or series. See Tennessee Code 48-103-203

                                                                            • signature: means , with present intent to authenticate or adopt a document:

                                                                              • (A) To execute or adopt a tangible symbol to a document, and includes any manual, facsimile, or conformed signature. See Tennessee Code 48-11-201

                                                                              • Smaller city: means any municipal corporation other than the principal city. See Tennessee Code 7-1-101
                                                                              • Smaller city: means any municipality within a county other than the principal city. See Tennessee Code 7-21-104
                                                                              • solicitation: means any oral or written request, however communicated, whether directly or indirectly, for a contribution. See Tennessee Code 48-101-501
                                                                              • Square foot basis: means the apportionment of the applicable costs according to the ratio that the square footage of the individual parcels of property or the buildings expected to be constructed on the property bears to the square footage of all the property or the buildings expected to be constructed on the property. See Tennessee Code 7-32-101
                                                                              • State: means the state of Tennessee. See Tennessee Code 7-5-103
                                                                              • State: means the state of Tennessee. See Tennessee Code 7-6-103
                                                                              • State: means the state of Tennessee. See Tennessee Code 13-22-101
                                                                              • State agency: means any department, agency, or instrumentality of the state when carrying out or undertaking programs or projects with or without federal financial assistance, or when providing state financial assistance. See Tennessee Code 13-11-103
                                                                              • State agency: means any general or special purpose executive agency of Tennessee. See Tennessee Code 13-18-102
                                                                              • State financial assistance: means a grant, loan, or contribution provided by the state, except any state guarantee or insurance, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual, and any annual payment or capital loan to the state. See Tennessee Code 13-11-103
                                                                              • State premium tax liability: means any liability incurred by an insurance company under §. See Tennessee Code 4-28-102
                                                                              • Subcontractor: means a person who has contracted with a prime contractor or with another subcontractor to perform a contract. See Tennessee Code 4-26-102
                                                                              • Subpoena: A command to a witness to appear and give testimony.
                                                                              • Subpoena duces tecum: A command to a witness to produce documents.
                                                                              • Subsidiary: means any corporation in which a majority of the shares entitled to vote are owned or controlled, directly or indirectly, by a corporation subject to this part. See Tennessee Code 48-103-502
                                                                              • Subsidiary: means a corporation more than fifty percent (50%) of whose outstanding voting shares are owned by its parent and/or the parent's other wholly-owned subsidiaries. See Tennessee Code 48-11-201
                                                                              • Subsidiary nonprofit corporation: means a nonprofit corporation whose sole member is a nonprofit corporation. See Tennessee Code 48-101-702
                                                                              • Subsidiary nonprofit corporation: means a nonprofit corporation, the sole member of which is also a nonprofit corporation. See Tennessee Code 48-101-802
                                                                              • Substantial rehabilitation: means improvements made to residential real property that exceed thirty-five percent (35%) of the proposed market value of the structure after rehabilitation. See Tennessee Code 7-8-102
                                                                              • Summons: Another word for subpoena used by the criminal justice system.
                                                                              • Supervisory board: means the board of public utilities or other similar body of the associated municipality, as such board is constituted as of the date an authority is formed pursuant to this chapter. See Tennessee Code 7-36-102
                                                                              • Surety: means the person who:

                                                                                • (A) Under the terms of a bid bond, undertakes to pay a sum of money to the obligee in the event the principal breaches the conditions of the bond. See Tennessee Code 4-26-102

                                                                                • System: means any plant, works, facility, property, or parts thereof, together with all appurtenances thereto, used or useful in connection with the furnishing of any of the services and commodities authorized to be provided in this chapter, including generation or production facilities, transmission facilities, storage facilities, and distribution facilities, and all real and personal property of every nature comprising part of or used or useful in connection with a "system" and all appurtenances, contracts, leases, franchises, and other intangibles relating to a "system". See Tennessee Code 7-36-102
                                                                                • Takeover offer: means the offer to acquire or the acquisition of any equity security of an offeree company, pursuant to a tender offer or request or invitation for tenders, if after the acquisition thereof the offeror would be directly or indirectly a beneficial owner of more than ten percent (10%) of any class of the outstanding equity securities of the offeree company. See Tennessee Code 48-103-102
                                                                                • Tax collection official: means the department of finance of the county or municipality, as applicable, or the county clerk, if so designated by ordinance of the legislative body of any municipality having a metropolitan form of government and a population of more than four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census. See Tennessee Code 7-4-101
                                                                                • Tax collection official: means the department of finance of the county or municipality, as applicable, or the county clerk, if so designated by ordinance of the legislative body of any municipality having a metropolitan government. See Tennessee Code 7-4-201
                                                                                • team: means a coordinating group organized to conduct the joint review process on a major energy project. See Tennessee Code 13-18-102
                                                                                • Team leader: means the state or local lead agency which is selected by the joint review team to lead the team and coordinate and supervise the joint review process. See Tennessee Code 13-18-102
                                                                                • Telecommunications service: means telephone, cable television, voice, data, or video transmissions, video programming, Internet access and related services, load control, meter reading, appliance monitoring, power exchange, and billing, or any other telecommunications services or similar or component service that may be provided, as allowed by law, including servicing and repairing related equipment, regardless of the facilities used. See Tennessee Code 7-36-102
                                                                                • Termination: means the end of an LLC's existence as a legal entity and occurs when the articles of termination are filed with the secretary of state under §. See Tennessee Code 48-202-101
                                                                                • Testify: Answer questions in court.
                                                                                • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
                                                                                • TNInvestco: means a partnership, corporation, trust or limited liability company, whether organized on a for-profit or not-for-profit basis that completes the application process in §. See Tennessee Code 4-28-102
                                                                                • Tourism: means the planning and conducting of programs of information and publicity designed to attract to the county tourists, visitors and other interested persons from outside the area and also to encourage and coordinate the efforts of other public and private organizations or groups of citizens to publicize the facilities and attractions of the area for the same purposes. See Tennessee Code 7-4-101
                                                                                • Tourist commission: means a seven-person body established subject to the same local organic law as other boards and commissions established by the charter of the metropolitan government. See Tennessee Code 7-4-101
                                                                                • Transient: means any person who exercises occupancy or is entitled to occupancy for any rooms, lodgings or accommodations in a hotel for a period of less than thirty (30) days. See Tennessee Code 7-4-101
                                                                                • Treasurer: includes the finance director or other chief financial officer of the municipality. See Tennessee Code 7-32-101
                                                                                • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                                                                                • Trustee: A person or institution holding and administering property in trust.
                                                                                • under common control with: means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting stock, by contract or otherwise. See Tennessee Code 48-103-203
                                                                                • unified: means consolidation or consolidated pursuant to this chapter and that power granted by the Constitution of Tennessee, Article XI, § 9 to consolidate any or all of the governmental and corporate functions now, or hereafter, vested in a county government with one (1) or more municipalities located within that county's boundaries. See Tennessee Code 7-21-104
                                                                                • Unified government: means the governmental entity created by the unification of the governmental and corporate functions of a charter county government with the governmental and corporate functions of one (1) or more municipalities within that county's boundaries. See Tennessee Code 7-21-104
                                                                                • Unified municipality: means a former municipality that has merged into a unified government pursuant to this chapter. See Tennessee Code 7-21-104
                                                                                • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
                                                                                • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                                                                                • United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Tennessee Code 48-11-201
                                                                                • Urban services district: means a service district within a metropolitan government in which are furnished by the metropolitan government municipal services additional to those provided in the general services district. See Tennessee Code 7-1-101
                                                                                • Verdict: The decision of a petit jury or a judge.
                                                                                • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
                                                                                • Voting power: means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote which is contingent upon the happening of a condition or event that has not occurred at the time. See Tennessee Code 48-51-201
                                                                                • Voting stock: means all shares of the resident domestic corporation entitled to vote generally in the election of directors. See Tennessee Code 48-103-203
                                                                                • Wastewater service: means the collection, transportation, and treatment of water discharged from residential, commercial, industrial, or other processes for final discharge to the environment. See Tennessee Code 7-36-102
                                                                                • Water service: means the procurement, treatment, and distribution of water for domestic use or any other purpose for which water can be used. See Tennessee Code 7-36-102
                                                                                • Waterworks system: means all or any part of the following: