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A G !2 1, I; N1 E N T <br />THIS AGREEMENT, entered into as of the day of <br />February, 1980, between the City of South Eer_d, Indiana in <br />the County of St. Joseph, a municipality and political <br />subdivision of the State of Indiana, organized and existing <br />under the Constitution and laws of the State of Indiana (the <br />"Issuer "), acting pursuant to a resolution of the South Bend <br />Economic Development Commission (the "Commission ") a depart- <br />ment of development duly established by ordinance of the <br />Common Council of the City of South Bend, Indiana, pursuant <br />to the Municipal Economic Development Z\ct of 1965, as amended, <br />Indiana Code of 1971, Title 18, Prticle 6, Chapter 4.5 (the <br />"Act "), acting pursuant to a resolution of the Issuer's <br />Common Council and South Bend Forge, Inc., a corporation for <br />profit organized under the laws of the State of Indiana (the <br />"Company "), for the purpose of assisting in the reduction of <br />insufficient employment opportunities and insufficient <br />diversification of industry, thereby improving the economic <br />welfare of the City of South Pend, Indiana; <br />WHEREAS, the Company has heretofore constructed a hot <br />forging press facility within the boundaries of the Issuer <br />with the proceeds derived from the sale of the Issuer of <br />$6,000,000 City of South Bend, Indiana Fconomic Development <br />First Mortgage Revenue Bonds (South Bend Forae, Inc. Project) <br />(ABS Industries, Inc. - Guarantor), dated as of July 1, <br />1979; and <br />WHEREAS, the Company desires to acquire, construct and <br />install certain additional property (herein called the <br />"Facility ") constituting an Economic Development Facility, <br />as those terms are defined in the Pct within the boundaries <br />of the City of South Bend; and <br />