Maine Revised Statutes > Title 11 > Article 2-A – Leases
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Maine Revised Statutes > Title 11 > Article 2-A - Leases
- Acceptable collateral: means :
A. See Maine Revised Statutes Title 24-A Sec. 1151-AAccreditation: means a national federally recognized credentialing process resulting in the approval of a public health system or a municipal health department by a national federally recognized review board certifying that a public health system or a municipal health department has met specific performance requirements and standards. See Maine Revised Statutes Title 22 Sec. 411 administrator: includes any administrator of a preferred provider arrangement required to register under this chapter pursuant to section 2674?A. See Maine Revised Statutes Title 24-A Sec. 1901 Admitted assets: means assets recognized by the superintendent pursuant to section 901?A. See Maine Revised Statutes Title 24-A Sec. 1151-A Agency of jurisdiction: means the state agency which has use of and jurisdiction over the facility. See Maine Revised Statutes Title 5 Sec. 1782 Aggregate amount of investments: means the aggregate value of those investments, as determined in accordance with statutory accounting principles pursuant to section 901?A and any rules adopted under that section, except as provided in section 1157, subsection 5. See Maine Revised Statutes Title 24-A Sec. 1151-A Aircraft: means a machine or device designed for flight. See Maine Revised Statutes Title 12 Sec. 10001 alliance: means a corporation established under former Title 13?A, Title 13?B or Title 13?C to provide health insurance to its members through one or more participating carriers. See Maine Revised Statutes Title 24-A Sec. 1951 Ambulatory surgical facility: means a facility, not part of a hospital, that provides surgical treatment to patients not requiring hospitalization. See Maine Revised Statutes Title 22 Sec. 328 Antlerless moose: means a moose without antlers. See Maine Revised Statutes Title 12 Sec. 10001 Aquarium: means an enclosed container used in importing, possessing or displaying nonnative and exotic species of fish or other aquatic organisms that has a closed operating system, that is located within a home, exhibition building or other permanent all-season structure and that does not allow the discharge of water or aquatic organisms into the inland waters of the State. See Maine Revised Statutes Title 12 Sec. 10001 Archery equipment: means a bow or crossbow. See Maine Revised Statutes Title 12 Sec. 10001 Artificial lure: includes , but is not limited to, artificial flies, spinners, spoons, poppers, plugs, jigs and plastic, rubber or other artificial imitations of natural bait. See Maine Revised Statutes Title 12 Sec. 10001 Associate health officer: means a municipal employee who has knowledge of the community and meets the educational, training and experience standards established by the local health officer. See Maine Revised Statutes Title 22 Sec. 411 Associated radiological concerns: means radioactive elements other than radon, including, but not limited to, radium, thorium, uranium and their respective decay products. See Maine Revised Statutes Title 22 Sec. 772 ATF: means an administrator trust fund that is a special fiduciary account, established and maintained by an administrator under section 1909, in which contributions and premiums are deposited. See Maine Revised Statutes Title 24-A Sec. 1901 Atlantic salmon: means the anadromous fish species Salmo salar that customarily migrates from inland waters to the ocean as part of its life cycle. See Maine Revised Statutes Title 12 Sec. 10001 Authorized radon testing device: means a device that:
A. See Maine Revised Statutes Title 22 Sec. 772Available facility: means a facility in which all or a part of the facility is unused and available for leasing. See Maine Revised Statutes Title 5 Sec. 1782 Baitfish: means only those species in the following list:
A. See Maine Revised Statutes Title 12 Sec. 10001Baitfish trap: means a device used to take baitfish fitted with rigid entrance or exit holes and having a volume no greater than 50 cubic feet. See Maine Revised Statutes Title 12 Sec. 10001 Bear bait: means an animal or plant or derivative of an animal or plant used to attract bear. See Maine Revised Statutes Title 12 Sec. 10001 Boundary waters between Maine and New Brunswick: means :
A. See Maine Revised Statutes Title 12 Sec. 10001bow: includes a compound bow, a recurve bow and a long bow. See Maine Revised Statutes Title 12 Sec. 10001 Business entity: means a sole proprietorship, corporation, limited liability company, association, general or limited partnership, joint stock company, joint venture, mutual fund, bank, trust, real estate investment trust, joint tenancy or other similar form of business organization, whether organized as a for-profit or nonprofit organization. See Maine Revised Statutes Title 24-A Sec. 1151-A Cap: means an agreement obligating the seller to make payments to the buyer with each payment based on the amount by which a reference price or level or the performance or value of one or more underlying interests exceeds a predetermined number, sometimes called the "strike rate" or "strike price. See Maine Revised Statutes Title 24-A Sec. 1151-A Capital expenditure: means an expenditure, including a force account expenditure or predevelopment activities, that under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance and, for the purposes of this chapter, includes capitalized interest on borrowed funds and the fair market value of any property or equipment that is acquired under lease or comparable arrangement or by donation. See Maine Revised Statutes Title 22 Sec. 328 Carrier: means any insurance company, nonprofit hospital and medical service organization or health maintenance organization authorized to issue health plans in this State. See Maine Revised Statutes Title 24-A Sec. 1951 CASA: means a claims administration services account that is a special fiduciary account, established and maintained by an administrator under section 1909, from which claims and claims adjustment expenses are disbursed. See Maine Revised Statutes Title 24-A Sec. 1901 Cash equivalents: means highly rated, highly liquid and readily marketable obligations that are readily convertible into known amounts of cash without a penalty and have a remaining term to maturity of one year or less. See Maine Revised Statutes Title 24-A Sec. 1151-A Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses. Charges: means any compensation paid by a plan sponsor, health care service plan, health maintenance organization or insurer for services performed by the administrator. See Maine Revised Statutes Title 24-A Sec. 1901 Collar: means an agreement to receive payments as the buyer of an option, cap or floor and to make payments as the seller of a different option, cap or floor. See Maine Revised Statutes Title 24-A Sec. 1151-A Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Maine Revised Statutes Title 11 Sec. 2-1103 Commercially: means , with regard to the buying, selling, bartering or trading of wildlife parts, for the purpose of resale or profit or receiving any form of remuneration. See Maine Revised Statutes Title 12 Sec. 10001 Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 Comprehensive community health coalition: means a multisector coalition that serves a defined local geographic area and is composed of designated organizational representatives and interested community members who share a commitment to improving their communities' health and quality of life and that includes public health in its core mission. See Maine Revised Statutes Title 22 Sec. 411 Construction: when used in connection with "health care facility" means the establishment, erection, building, purchase or other acquisition of a health care facility. See Maine Revised Statutes Title 22 Sec. 328 Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $25,000. See Maine Revised Statutes Title 11 Sec. 2-1103 Contributions: means the value of funds that have been provided or are to be applied by a plan sponsor or other entity to fund the self-insured portion of any plan, or premiums charged to a plan sponsor or other entity by an insurer for coverage under contracts of insurance or excess insurance. See Maine Revised Statutes Title 24-A Sec. 1901 cost: includes the fair market value. See Maine Revised Statutes Title 22 Sec. 328 Counter-party: means a business entity that is the other party to an investment practices transaction with an insurer or, as to a securities lending transaction, the custodian bank or agent, if any, acting on behalf of an insurer. See Maine Revised Statutes Title 24-A Sec. 1151-A counter-party exposure amount: means :
A. See Maine Revised Statutes Title 24-A Sec. 1151-ACounty commissioners: means the county commissioners of Kennebec County. See Maine Revised Statutes Title 30-A Sec. 861 County legislative delegation: means all state legislators whose legislative districts, in whole or in part, lie within the boundaries of a county. See Maine Revised Statutes Title 30-A Sec. 1 Covered individual: means any individual eligible for life, annuity, workers' compensation or health benefits under a plan. See Maine Revised Statutes Title 24-A Sec. 1901 Crossbow: means a device for propelling an arrow or bolt by means of traverse limbs and a string, mounted on a stock and having a working mechanical trigger safety device and a minimum draw weight of 100 pounds. See Maine Revised Statutes Title 12 Sec. 10001 Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001 derivative instrument: includes options, warrants not attached to another financial instrument purchased by the insurer, caps, floors, collars, swaps, forwards, futures and any other substantially similar agreements, options or instruments, or any series or combinations of those agreements, options or instruments. See Maine Revised Statutes Title 24-A Sec. 1151-A Derivative transaction: means a transaction involving the use of one or more derivative instruments. See Maine Revised Statutes Title 24-A Sec. 1151-A Development: when used in connection with health service, means the undertaking of those activities that on their completion will result in the offering of a new health service to the public. See Maine Revised Statutes Title 22 Sec. 328 Dip net: means :
A. See Maine Revised Statutes Title 12 Sec. 10001Director: means the Director of the Bureau of General Services. See Maine Revised Statutes Title 5 Sec. 1782 District: means one of the 8 districts of the department, including Aroostook District, composed of Aroostook County; Penquis District, composed of Penobscot County and Piscataquis County; Downeast District, composed of Washington County and Hancock County; Midcoast District, composed of Waldo County, Lincoln County, Knox County and Sagadahoc County; Central District, composed of Kennebec County and Somerset County; Western District, composed of Androscoggin County, Franklin County and Oxford County; Cumberland District, composed of Cumberland County; and York District, composed of York County, and the tribal district, composed of any lands belonging to the Indian tribes in the State and including any member of a tribe living outside of tribal lands. See Maine Revised Statutes Title 22 Sec. 411 District coordinating council for public health: means a representative districtwide body of local public health stakeholders working toward collaborative public health planning and coordination to ensure effectiveness and efficiencies in the public health system. See Maine Revised Statutes Title 22 Sec. 411 District public health unit: means a unit of public health staff set up whenever possible in a district in department offices. See Maine Revised Statutes Title 22 Sec. 411 Division: means the division of environmental health within the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 772 Dollar roll transaction: means 2 simultaneous transactions with settlement dates no more than 96 days apart so that in one transaction an insurer sells to a counter-party and in the other transaction the insurer is obligated to purchase from the same counter-party substantially similar securities of the following types:
A. See Maine Revised Statutes Title 24-A Sec. 1151-ADomestic institution: means an institution created or existing under the laws of the United States or any state, district or territory. See Maine Revised Statutes Title 24-A Sec. 1151-A Domicile: means the place where a person's true, fixed and permanent home is located. See Maine Revised Statutes Title 12 Sec. 10001 Drowning set: means a trap set for wild animals that is:
A. See Maine Revised Statutes Title 12 Sec. 10001Eel: means a member of the species Anguilla rostrata in that stage of its life cycle when it is 9 inches or more in length. See Maine Revised Statutes Title 12 Sec. 10001 Eel pot: means a cylindrical or rectangular trap with funnels that is baited and used to harvest eels. See Maine Revised Statutes Title 12 Sec. 10001 Elver: means a member of the species Anguilla rostrata in that stage of its life cycle when it is less than 9 inches in length. See Maine Revised Statutes Title 12 Sec. 10001 Endangered species: means a species of fish or wildlife that has been determined by the commissioner to be in danger of extinction throughout all or a significant portion of its range and that is listed as a state endangered species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001 Essential public health services: means core public health functions identified by a national public health performance standards program, a national federally recognized review board or a national federally recognized review board for Indian health that help provide the guiding framework for the work and accreditation of public health systems or municipal health departments. See Maine Revised Statutes Title 22 Sec. 411 Exotic: means of foreign nature or character, not native. See Maine Revised Statutes Title 12 Sec. 10001 Expenditure minimum for annual operating costs: means , for services commenced after October 1, 1998, $400,000 for the 3rd fiscal year, including a partial first year. See Maine Revised Statutes Title 22 Sec. 328 export: means to place insurance in a nonadmitted insurer under this Surplus Lines Law. See Maine Revised Statutes Title 24-A Sec. 2003 facility: means a production or utilization facility situated in this State that holds an operating permit or license issued by the United States Nuclear Regulatory Commission. See Maine Revised Statutes Title 22 Sec. 662 Fault: means wrongful act, omission, breach or default. See Maine Revised Statutes Title 11 Sec. 2-1103 Finance lease: means a lease with respect to which:
(i) The lessor does not select, manufacture or supply the goods;
(ii) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and
(iii) One of the following occurs:
(A) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;
(B) The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;
(C) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or
(D) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing: of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person; that the lessee is entitled under this Article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; and that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Maine Revised Statutes Title 11 Sec. 2-1103Finished wildlife products: means tanned animal hides and finished taxidermy mounts, including full or partial body mounts or antlers mounted on a plaque. See Maine Revised Statutes Title 12 Sec. 10001 Firearm: means any instrument used in the propulsion of pellets, shot, shells or bullets by action of gunpowder, compressed air or gas exploded or released within it. See Maine Revised Statutes Title 12 Sec. 10001 Fish: means a cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales and includes any physical part of a fish. See Maine Revised Statutes Title 12 Sec. 10001 Fishing derby: means an organized fishing event conducted on inland waters during which contestants compete for cash awards or other prizes. See Maine Revised Statutes Title 12 Sec. 10001 Fishway: means an artificial device, including fish elevators, fish locks and fish ladders, used to enable fish to migrate upstream past dams, waterfalls, rapids or other obstacles. See Maine Revised Statutes Title 12 Sec. 10001 Floor: means an agreement obligating the seller to make payments to the buyer in which each payment is based on the amount by which a predetermined number, sometimes called the "floor rate" or "price" exceeds a reference price, level, performance or value of one or more underlying interests. See Maine Revised Statutes Title 24-A Sec. 1151-A Fly: means a single, pointed hook dressed with feathers, hair, thread, tinsel or any similar material to which no additional hook, spinner, spoon or similar device is added. See Maine Revised Statutes Title 12 Sec. 10001 Fly-fishing: means casting upon water and retrieving in a manner in which the weight of the fly line propels the fly. See Maine Revised Statutes Title 12 Sec. 10001 foreign investment practice: means an investment or investment practice in a foreign jurisdiction, an investment practice with a person domiciled in a foreign jurisdiction or an investment in a person, real estate or asset domiciled in a foreign jurisdiction. See Maine Revised Statutes Title 24-A Sec. 1151-A Foreign jurisdiction: means a jurisdiction other than the United States, any state or any political subdivision of the United States or any state. See Maine Revised Statutes Title 24-A Sec. 1151-A Forward: means an agreement other than a future to make or take delivery in the future of one or more underlying interests, or effect a cash settlement based on the actual or expected price, level, performance or value of such underlying interests. See Maine Revised Statutes Title 24-A Sec. 1151-A Future: means an agreement traded on a futures exchange to make or take delivery of or effect a cash settlement based on the actual or expected price, level, performance or value of one or more underlying interests. See Maine Revised Statutes Title 24-A Sec. 1151-A Futures exchange: means a qualified foreign exchange or an exchange, contract market or board of trade on which trading in futures is conducted that has been authorized for futures trading in the United States by the Commodities Futures Trading Commission or its successor. See Maine Revised Statutes Title 24-A Sec. 1151-A Goods: means all things that are movable at the time of identification to the lease contract including mobile homes, or are fixtures (section 2?1309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles or minerals or the like, including oil and gas, before extraction. See Maine Revised Statutes Title 11 Sec. 2-1103 Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC Guide: means a person who receives any form of remuneration for that person's services in accompanying or assisting a person in the fields or forests or on the waters or ice within the jurisdiction of the State while hunting, fishing, trapping, boating, snowmobiling, using an all-terrain vehicle or camping at a primitive camping area. See Maine Revised Statutes Title 12 Sec. 10001 Harass: means an intentional or negligent act or omission that creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns. See Maine Revised Statutes Title 12 Sec. 10001 health care facility: means the establishment, erection, building, purchase or other acquisition of a health care facility. See Maine Revised Statutes Title 22 Sec. 328 health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704 Health maintenance organization: means a public or private organization that:
A. See Maine Revised Statutes Title 22 Sec. 328Health need: means a situation or a condition of a person, expressed in health outcome measures such as mortality, morbidity or disability, that is considered undesirable and is likely to exist in the future. See Maine Revised Statutes Title 22 Sec. 328 Health risk assessment: means a customized process by which an individual confidentially responds to questions and receives a feedback report to help that individual understand the individual's personal risks of developing preventable health problems, know what preventive actions the individual can take and learn what local and state resources are available to help the individual take these actions. See Maine Revised Statutes Title 22 Sec. 411 Health services: includes alcohol or drug dependence, substance use disorder and mental health services. See Maine Revised Statutes Title 22 Sec. 328 Health status: means patient or population measures, or both, of good and poor health practices, rates of death and disease, both chronic and infectious, and the prevalence of symptoms or conditions, or both, of illness and wellness. See Maine Revised Statutes Title 22 Sec. 328 Healthy Maine Partnerships: means a statewide system of comprehensive community health coalitions that meet the standards for department funding that is established under section 412, including the tribal district. See Maine Revised Statutes Title 22 Sec. 411 Hedging transaction: means a derivative transaction that is entered into and maintained to reduce:
A. See Maine Revised Statutes Title 24-A Sec. 1151-AHigh-yield obligations: means obligations that are neither investment grade nor medium grade obligations. See Maine Revised Statutes Title 24-A Sec. 1151-A highly rated: means an investment rated "P-1" by Moody's Investors Service, Inc. See Maine Revised Statutes Title 24-A Sec. 1151-A Hook: means a single fishhook constructed with one, 2 or 3 points. See Maine Revised Statutes Title 12 Sec. 10001 Hospital: means an institution that primarily provides to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons or rehabilitation services for the rehabilitation of injured, disabled or sick persons. See Maine Revised Statutes Title 22 Sec. 328 hunt: means to pursue, catch, take, kill or harvest wild animals or wild birds or to attempt to catch, take, kill or harvest wild animals or wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Hunter orange: means a daylight fluorescent orange color with a dominant wave length between 595 and 605 nanometers, excitation purity not less than 85% and luminance factor of not less than 40%. See Maine Revised Statutes Title 12 Sec. 10001 Hunting equipment: means :
A. See Maine Revised Statutes Title 12 Sec. 10001Ice-fishing shack: means a temporary structure used for ice fishing on frozen inland waters. See Maine Revised Statutes Title 12 Sec. 10001 Income generation transaction: means a derivative transaction that is entered into to generate income. See Maine Revised Statutes Title 24-A Sec. 1151-A Inland waters: means all waters within the State above the rise and fall of the tide and wholly or partially within the territorial limits of the State, except private ponds as defined in subsection 51. See Maine Revised Statutes Title 12 Sec. 10001 Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains the clause, "each delivery is a separate lease" or its equivalent. See Maine Revised Statutes Title 11 Sec. 2-1103 Institution: means a corporation, a joint-stock association, a business trust, a business partnership, a business joint venture or any other similar entity. See Maine Revised Statutes Title 24-A Sec. 1110 Institution: means a corporation, joint-stock association, business trust, business partnership, business joint venture or any other similar entity. See Maine Revised Statutes Title 24-A Sec. 1151-A Investment grade obligation: means an obligation that at the time of acquisition by the insurer is rated "1" or "2" by the Securities Valuation Office of the National Association of Insurance Commissioners. See Maine Revised Statutes Title 24-A Sec. 1151-A Investment practices: means transactions of the types described in section 1153, subsection 4 and section 1160, subsection 6. See Maine Revised Statutes Title 24-A Sec. 1151-A Jacklight: means any artificial light used while hunting, except lights used and permitted under rules regarding raccoons under the authority of section 10104, subsection 1. See Maine Revised Statutes Title 12 Sec. 10001 Lamprey eel: means the species Petromyzon marinus (sea lamprey). See Maine Revised Statutes Title 12 Sec. 10001 Landlocked salmon: means the subspecies Salmo salar Sebago that does not customarily migrate from inland waters to the ocean as part of its life cycle. See Maine Revised Statutes Title 12 Sec. 10001 Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Maine Revised Statutes Title 11 Sec. 2-1103 Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Article. See Maine Revised Statutes Title 11 Sec. 2-1103 Lease contract: means the total legal obligation that results from the lease agreement as affected by this Article and any other applicable rules of law. See Maine Revised Statutes Title 11 Sec. 2-1103 Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Maine Revised Statutes Title 11 Sec. 2-1103 Lessee: means a person who acquires the right to possession and use of goods under a lease. See Maine Revised Statutes Title 11 Sec. 2-1103 Lessor: means a person who transfers the right to possession and use of goods under a lease. See Maine Revised Statutes Title 11 Sec. 2-1103 Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See Maine Revised Statutes Title 11 Sec. 2-1103 Listed facility: means a radon testing facility that is designated as providing radon analysis services and that has proven its proficiency to the department. See Maine Revised Statutes Title 22 Sec. 772 Local health officer: means a municipal employee who has knowledge of the employee's community and meets educational, training and experience standards as set by the department in rule to comply with section 451. See Maine Revised Statutes Title 22 Sec. 411 Lot: means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. See Maine Revised Statutes Title 11 Sec. 2-1103 Major medical equipment: means a single unit of medical equipment or a single system of components with related functions used to provide medical and other health services that costs $3,200,000 or more. See Maine Revised Statutes Title 22 Sec. 328 Market value: means the price for the security or derivative instrument obtained from a generally recognized source or the most recent quotation from such a source or, to the extent no generally recognized source exists, the price for the security or derivative instrument as determined pursuant to the terms of the instrument or in good faith by the insurer as can be reasonably demonstrated to the superintendent upon request, plus accrued but unpaid income thereon to the extent not included in the price as of the date that market value is determined. See Maine Revised Statutes Title 24-A Sec. 1151-A Medium grade obligation: means an obligation that at the time of acquisition by the insurer is rated by the Securities Valuation Office of the National Association of Insurance Commissioners as Class "3" quality. See Maine Revised Statutes Title 24-A Sec. 1151-A Merchant lessee: means a lessee that is a merchant with respect to goods of the kind subject to the lease. See Maine Revised Statutes Title 11 Sec. 2-1103 Merrymeeting Bay: means the waters of the Kennebec River bounded as follows: from the high-tension wires at Chop's Point to the first dam on the Androscoggin River, to the first road bridge on the Muddy, Cathance, Abbagadassett and Eastern Rivers and to the Richmond-Dresden Bridge on the Kennebec River, in the counties of Cumberland, Sagadahoc and Lincoln. See Maine Revised Statutes Title 12 Sec. 10001 Migratory game bird: means any of the following birds:
A. See Maine Revised Statutes Title 12 Sec. 10001Migratory waterfowl: means anatidae, or waterfowl, including brant, wild ducks, geese and swans. See Maine Revised Statutes Title 12 Sec. 10001 Modification: means the alteration, improvement, expansion, extension, renovation or replacement of a health care facility or health maintenance organization or portions thereof, including the initial equipment, and the replacement of equipment or existing buildings. See Maine Revised Statutes Title 22 Sec. 328 Motor vehicle: means any motor-driven vehicle, except motorboats. See Maine Revised Statutes Title 12 Sec. 10001 Municipal health department: means a health department or division that is established pursuant to municipal charter or ordinance in accordance with Title 30?A, chapter 141 and accredited by a national federally recognized credentialing process. See Maine Revised Statutes Title 22 Sec. 411 Muzzle-loading firearm: means a muzzleloader, a traditional muzzleloader or a muzzle-loading shotgun. See Maine Revised Statutes Title 12 Sec. 10001 Muzzle-loading shotgun: means a firearm that:
A. See Maine Revised Statutes Title 12 Sec. 10001Muzzleloader: means a firearm that:
A. See Maine Revised Statutes Title 12 Sec. 10001Naturally shed: means naturally dropped from the animal without any human manipulation. See Maine Revised Statutes Title 12 Sec. 10001 New health service: means :
A. See Maine Revised Statutes Title 22 Sec. 328Nonresident: means a person who does not fall within the definition of resident in subsection 53. See Maine Revised Statutes Title 12 Sec. 10001 Nursing facility: means any facility defined under section 1812?A. See Maine Revised Statutes Title 22 Sec. 328 Obligation: means a bond, note, debenture, trust certificate including an equipment certificate, production payment, negotiable bank certificate of deposit, banker's acceptance, credit tenant loan as that term is defined in the practices and procedures manual of the National Association of Insurance Commissioners or its successor publication, loan secured by financing net leases and other evidence of indebtedness for the payment of money, or participations, certificates or other evidence of an interest in any of the foregoing, whether constituting a general obligation of the issuer or payable only out of certain revenues or certain funds pledged or otherwise dedicated for payment. See Maine Revised Statutes Title 24-A Sec. 1151-A Obligations: includes bonds, debentures, notes or other evidences of indebtedness. See Maine Revised Statutes Title 24-A Sec. 1110 Offer: when used in connection with "health services" means that the health care facility or health maintenance organization holds itself out as capable of providing or having the means to provide a health service. See Maine Revised Statutes Title 22 Sec. 328 Open firearm season on deer: means the time during which it is lawful to hunt deer with a firearm, including the special muzzle-loading season as described in section 11404. See Maine Revised Statutes Title 12 Sec. 10001 Option: means an agreement giving the buyer the right to buy or receive, sell or deliver, enter into, extend or terminate or effect a cash settlement based on the actual or expected price, spread, level, performance or value of one or more underlying interests, including, without limitation, an option to purchase or sell a swap at a given price and time or at a series of prices and times. See Maine Revised Statutes Title 24-A Sec. 1151-A Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001 Other organization: means any not-for-profit, sole proprietorship, partnership, corporation or association that is not a state agency. See Maine Revised Statutes Title 5 Sec. 1782 Over-the-counter derivative instrument: means a derivative instrument entered into with a counter-party other than through a qualified exchange or futures exchange or cleared through a qualified clearinghouse. See Maine Revised Statutes Title 24-A Sec. 1151-A Paved way: means a public road treated with bituminous or concrete material. See Maine Revised Statutes Title 12 Sec. 10001 Person: means an individual, business entity, multilateral development bank or a government or quasi-governmental body, such as a political subdivision or a government-sponsored enterprise. See Maine Revised Statutes Title 24-A Sec. 1151-A Person: means an individual; trust or estate; partnership; corporation, including associations, joint stock companies and insurance companies; the State or a political subdivision or instrumentality of the State, including a municipal corporation of the State; or any other legal entity recognized by state law. See Maine Revised Statutes Title 22 Sec. 328 Person: means a human being or an organization. See Maine Revised Statutes Title 12 Sec. 10001 Person directly affected by a review: includes :
A. See Maine Revised Statutes Title 22 Sec. 328Plan: means any plan, fund or program established or maintained by a plan sponsor, health care service plan, health maintenance organization or insurer to the extent that the plan, fund or program was established or is maintained to provide through insurance or alternatives to insurance any type of life, annuity, health or workers' compensation benefit within the scope of sections 702 to 704, former Title 39 or Title 39?A. See Maine Revised Statutes Title 24-A Sec. 1901 Plan sponsor: means any person, other than an insurer, who establishes or maintains a plan covering residents of this State, including, but not limited to, plans established or maintained by 2 or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees or other similar group of representatives of the parties that establish or maintain the plan. See Maine Revised Statutes Title 24-A Sec. 1901 Potential exposure: means :
A. See Maine Revised Statutes Title 24-A Sec. 1151-APremises: includes lands, private ways and any buildings and structures located on the lands or private ways. See Maine Revised Statutes Title 12 Sec. 10001 premium: includes amounts paid by or charged to a covered individual plan sponsor or other entity for stop loss or excess insurance. See Maine Revised Statutes Title 24-A Sec. 1901 Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Maine Revised Statutes Title 11 Sec. 2-1103 Primitive camping area: means a camping location that does not have access to a water supply that is approved by the Department of Health and Human Services. See Maine Revised Statutes Title 12 Sec. 10001 Private pond: means an artifically constructed pond impounded within the limits of the riparian owner, even though the water is not supplied directly from a brook, stream or river. See Maine Revised Statutes Title 12 Sec. 10001 Producer: means a producer with surplus lines authority duly licensed as such under this chapter. See Maine Revised Statutes Title 24-A Sec. 2003 Project: means any acquisition, capital expenditure, new health service or change in a health service, predevelopment activity or other activity that requires a certificate of need under section 329. See Maine Revised Statutes Title 22 Sec. 328 Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift or any other voluntary transaction creating an interest in goods. See Maine Revised Statutes Title 11 Sec. 2-1103 Qualified bank: means :
A. See Maine Revised Statutes Title 24-A Sec. 1151-AQualified broker or dealer: means a broker or dealer that is organized under the laws of a state, is registered under the United States Securities Exchange Act of 1934, 15 United States Code §§ 78a to 78kk and has net capital in excess of $250,000,000. See Maine Revised Statutes Title 24-A Sec. 1151-A Qualified business entity: means :
A. See Maine Revised Statutes Title 24-A Sec. 1151-AQualified clearinghouse: means a clearinghouse subject to the rules of a qualified exchange or a futures exchange that provides clearing services, including acting as a counter-party to each of the parties to a transaction such that the parties no longer have credit risk to each other. See Maine Revised Statutes Title 24-A Sec. 1151-A Qualified exchange: means :
A. See Maine Revised Statutes Title 24-A Sec. 1151-AQualified for public sale: means registered under the United States Securities Act of 1933, 15 United States Code §§ 77a to 77aa. See Maine Revised Statutes Title 24-A Sec. 1151-A Qualified foreign exchange: means a foreign exchange, board of trade or contract market located outside the United States, its territories or possessions:
A. See Maine Revised Statutes Title 24-A Sec. 1151-AQuasi-resident: means a nonresident licensee who receives or collects 50% or more of calendar year contributions, premium volume or other funds subject to administration from plan sponsors or insureds resident in this State. See Maine Revised Statutes Title 24-A Sec. 1901 Radon: means the radioactive gaseous element and its decay products produced by the disintegration of the element radium in air, water, soil or other media. See Maine Revised Statutes Title 22 Sec. 772 Radon testing services: means providing, for remuneration, determination of radon levels or analysis of an authorized radon testing device. See Maine Revised Statutes Title 22 Sec. 772 Raptor: means a bird of the order Strigiformes and of the families Accipitridae and Falconidae commonly called buteos, accipiters, falcons and owls. See Maine Revised Statutes Title 12 Sec. 10001 Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC Replacement equipment: means a piece of capital equipment that replaces another piece of capital equipment that performs essentially the same functions as the replaced equipment. See Maine Revised Statutes Title 22 Sec. 328 Replication or synthetic asset transaction: means a derivative transaction entered into in conjunction with other permissible investments held by the insurer in order to reproduce the investment characteristics of other permissible investments. See Maine Revised Statutes Title 24-A Sec. 1151-A Repurchase transaction: means a transaction in which an insurer sells securities to a qualified bank or a qualified business entity or to a bank or a business entity whose obligations with respect to the transaction are guaranteed by a qualified bank or a qualified business entity and the insurer is obligated to repurchase the sold securities or equivalent securities from the bank or business entity at a specified price, either within a specified period of time or upon demand. See Maine Revised Statutes Title 24-A Sec. 1151-A Resident: means a citizen of the United States or a person who is not a citizen of the United States who has been domiciled in the State for one year who:
A. See Maine Revised Statutes Title 12 Sec. 10001Reverse repurchase transaction: means a transaction in which an insurer purchases securities from a counter-party that is obligated to repurchase the purchased securities or equivalent securities from the insurer at a specified price, either within a specified period of time or upon demand. See Maine Revised Statutes Title 24-A Sec. 1151-A River herring: means the species Alosa pseudoharengus, commonly called alewife, and Alosa aestivalis, commonly called blueback herring. See Maine Revised Statutes Title 12 Sec. 10001 Securities lending transaction: means a transaction in which securities are loaned by an insurer to a qualified bank or a qualified business entity or a bank or a business entity whose obligations with respect to such transaction are guaranteed by a qualified bank or a qualified business entity that is obligated to return the loaned securities or equivalent securities to the insurer, either within a specified period of time or upon demand. See Maine Revised Statutes Title 24-A Sec. 1151-A Seine: means an ordinary commercial-type minnow seine, not exceeding 1,200 square feet, used vertically to enclose baitfish when its ends are brought together or drawn ashore. See Maine Revised Statutes Title 12 Sec. 10001 Set line: means a line extending into the water and rigged to catch fish that has one end secured to the shore or to a fixed or buoyant object and that is not personally attended. See Maine Revised Statutes Title 12 Sec. 10001 shell business entity: means a business entity having no economic substance, except as a vehicle for owning interests in assets issued, owned or previously owned by a person domiciled in a foreign jurisdiction; "qualified guarantor" means a guarantor against which an insurer has a direct claim for full and timely payment, evidenced by a contractual right for which an enforcement action can be brought in a domestic jurisdiction; and "qualified primary credit source" means the credit source to which an insurer looks for payment as to an investment and against which an insurer has a direct claim for full and timely payment, evidenced by a contractual right for which an enforcement action can be brought in a domestic jurisdiction. See Maine Revised Statutes Title 24-A Sec. 1151-A Single-baited hook: means a single baited apparatus designed to catch only one fish at a time. See Maine Revised Statutes Title 12 Sec. 10001 Snagging: means to fish by manipulating a hook or hooks in such a manner as to pierce or snag the fish in a part of the body other than the mouth. See Maine Revised Statutes Title 12 Sec. 10001 Species of special concern: means a species of fish or wildlife that is not an endangered species or a threatened species but meets criteria for being of special concern as established by the commissioner by rule under section 10105, subsection 19. See Maine Revised Statutes Title 12 Sec. 10001 Sporting dogs: means sporting dogs as defined by the American Kennel Club, including pointers, retrievers, setters, spaniels, Vizslas, Weimaraners and wirehaired pointing griffons. See Maine Revised Statutes Title 12 Sec. 10001 State agency: means an agency of State Government as defined in section 8002, subsection 2. See Maine Revised Statutes Title 5 Sec. 1782 Statewide Coordinating Council for Public Health: means the council established under Title 5, section 12004?G, subsection 14?G. See Maine Revised Statutes Title 22 Sec. 411 Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See Maine Revised Statutes Title 11 Sec. 2-1103 Subsidiary: has the meaning as prescribed in section 222, subsection 2, paragraph F. See Maine Revised Statutes Title 24-A Sec. 1151-A Sucker: means only the species Catostomus commersoni (white sucker) and the species Catostomus catostomus (longnose sucker). See Maine Revised Statutes Title 12 Sec. 10001 Sunrise: means the time computed and established for sunrise for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001 Sunset: means the time computed and established for sunset for Bangor, Maine, by the Nautical Almanac Office of the United States Naval Observatory, converted to the legal standard of time in force in this State on that day. See Maine Revised Statutes Title 12 Sec. 10001 Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Maine Revised Statutes Title 11 Sec. 2-1103 Supply contract: means a contract under which a lessor buys or leases goods to be leased. See Maine Revised Statutes Title 11 Sec. 2-1103 Swap: means an agreement to exchange or to net payments at one or more times based on the actual or expected price, yield, level, performance or value of one or more underlying interests. See Maine Revised Statutes Title 24-A Sec. 1151-A Threatened species: means a species of fish or wildlife that has been determined by the commissioner as likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range and that is listed as a state threatened species under section 12803, subsection 3. See Maine Revised Statutes Title 12 Sec. 10001 Traditional muzzleloader: means a firearm that:
A. See Maine Revised Statutes Title 12 Sec. 10001Trap: means a device that is designed primarily to catch or hold wild animals, including, but not limited to, a foothold trap, a killer-type trap, a cage-type trap or a snare. See Maine Revised Statutes Title 12 Sec. 10001 Trap net: means a funnel-shaped net designed to intercept and retain fish in a confined space. See Maine Revised Statutes Title 12 Sec. 10001 Tribal district: means an administrative district established in a memorandum of understanding or legal contract among all Indian tribes in the State that is recognized by the department. See Maine Revised Statutes Title 22 Sec. 411 Tribal health department or health clinic: means a health department or health clinic managed by an Indian tribe that is eligible for funds from the United States Department of the Interior, Bureau of Indian Affairs, Indian Health Service and other federal funds. See Maine Revised Statutes Title 22 Sec. 411 tribe: means a federally recognized Indian nation, tribe or band in the State. See Maine Revised Statutes Title 22 Sec. 411 Tributary: means a brook, stream or river flowing directly or indirectly into a lake, pond or another brook, stream or river. See Maine Revised Statutes Title 12 Sec. 10001 Troll: means to fish by trailing a line rigged to catch fish behind a watercraft being propelled by mechanical, wind or manual power. See Maine Revised Statutes Title 12 Sec. 10001 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Underlying interest: means the assets, liabilities or other interests, or a combination of those assets, liabilities or interests, underlying a derivative instrument, such as any one or more securities, currencies, rates, indices, commodities or derivative instruments that are or relate to investments or investment practices that an insurer is permitted to acquire or engage in pursuant to this chapter. See Maine Revised Statutes Title 24-A Sec. 1151-A United States: when used to signify place means those lands and waters under the jurisdiction of the United States. See Maine Revised Statutes Title 24-A Sec. 1151-A Upland game species: includes bobwhite quail, gray squirrel, porcupine, ring-necked pheasant, ruffed grouse, snowshoe hare, spruce grouse and woodchuck. See Maine Revised Statutes Title 12 Sec. 10001 valid permit: means a license or permit lawfully obtained in the licensee's or permittee's name and signed by that person. See Maine Revised Statutes Title 12 Sec. 10001 Warrant: means an instrument that gives the holder the right to purchase or sell the underlying interest at a given price and time or at a series of prices and times outlined in the warrant agreement. See Maine Revised Statutes Title 24-A Sec. 1151-A Weir: means a device placed in the inland waters of a river, stream or brook that is designed to entrap fish and that exceeds more than 1/3 of the wetted width of the channel. See Maine Revised Statutes Title 12 Sec. 10001 Wild animal: means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. See Maine Revised Statutes Title 12 Sec. 10001 Wild bird: means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife: includes wild animals and wild birds. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife exhibit: means a place where wildlife is kept in captivity, either in an enclosure or by tether, upon any street or highway or upon land, public or private, for the evident purpose of exhibition or attracting trade. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife management: means the art or science of producing wild animals and birds and of improving wildlife conditions in the State. See Maine Revised Statutes Title 12 Sec. 10001 Wildlife management area: means a tract of land or body of water owned or leased by the department for the purposes of wildlife management as defined in subsection 73 or created by an act of the Legislature with the landowner's permission, and subject to the commissioner's authority under section 12701. See Maine Revised Statutes Title 12 Sec. 10001 Wolf: means the Gray Wolf (Canis lupus). See Maine Revised Statutes Title 12 Sec. 10001