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Ordinance. Such Purchase Agreement may set forth the definitive terms and <br />conditions for such sale, but all of such terms and conditions must be consistent with <br />the terms and conditions of this Ordinance, including without limitation, the interest <br />rate or rates on the Bonds which shall not exceed the maximum rate of interest for the <br />Bonds authorized pursuant to this Ordinance. Bonds sold to the Bond Bank shall be <br />accompanied by all documentation required by the Bond Bank pursuant to the <br />provisions of Indiana Code 5-1.5 and the Purchase Agreement, including, without <br />limitation, an approving opinion of nationally recognized bond counsel, certification <br />and guarantee of signatures and certification as to no litigation pending, as of the date <br />of delivery of the Bonds to the Bond Bank, challenging the validity or issuance of the <br />Bonds. in the event the Controller determines to sell the Bonds to the Bond Bank, <br />the submission of an application to the Bond Bank and the entry by the City into the <br />Purchase Agreement and the execution of the Purchase Agreement on behalf of the <br />City by the Mayor in accordance with this Ordinance are hereby authorized approved <br />and ratified. <br />(e) Sale to the Authority. The Bonds may, in the discretion ofthe <br />Controller, based upon the advice of the Financial Advisor, be sold to the Authority. <br />The Board is hereby authorized to submit an application to the wastewater SRF loan <br />program (the "SRF Program") under Indiana Code 4-4-11 and Indiana Code 13-18- <br />13. As a part of said program, the Financial Assistance Agreement for the Bonds and <br />the Project shall be executed by the City and the Authority. The substantially final <br />form of Financial Assistance Agreement attached as Appendix B hereto and <br />incorporated herein as if set forth in this place is hereby approved by the Common <br />Council, and the Mayor and the Clerk are hereby authorized to execute the same on <br />behalf of the City, and to approve any changes in form or substance to the Financial <br />Assistance Agreement, such approval to be conclusively evidenced by its execution. <br />The Financial Assistance Agreement may set forth the definitive terms and <br />conditions for such sale including the purchase price and interest rate, but all of such <br />terms and conditions must be consistent with the terms and conditions of this <br />Ordinance, including, without limitation, the interest rates on the Bonds which shall <br />not exceed the maximum rate of interest for the Bonds authorized pursuant to this <br />Ordinance. Bonds sold to the Authority shall be accompanied by all documentation <br />required by the Authority pursuant to Indiana Code 4-4-11 and Indiana Code 13-18- <br />13, and the Financial Assistance Agreement, including, without limitation, an <br />approving opinion of a nationally recognized bond counsel, certification and <br />guarantee of signatures and certification as to no litigation pending, as of the date of <br />delivery of the Bonds to the Authority, challenging the validity or issuance of the <br />Bonds. In the event the Controller determines to sell the Bonds to the Authority, the <br />entry by the City into the Financial Assistance Agreement and the execution of the <br />Financial Assistance Agreement by the Mayor, and, if required, the entry by the City <br />into a purchase agreement or any other agreement with the Authority and the <br />execution thereof by the Mayor, in accordance with this Ordinance are hereby <br />authorized, approved and ratified. <br />-10- <br />BDDBOI 5863495v1 <br />