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05-22-2017 Packet
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05-22-2017 Packet
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items or for any other costs incurred and for work done by either of them which are <br /> properly chargeable to the Bond Project; and <br /> "Developer" means RDistrict Two LLC, a limited liability company. <br /> "Event of Default" means those events of default specified in and defined by Section 7.1 <br /> hereof. <br /> "Fiscal Year" shall mean a period of twelve consecutive months constituting the fiscal <br /> year of the Developer commencing on the first day of January of any year and ending on the last <br /> day of December of such year, both inclusive, or such other period as hereafter may be <br /> established from time to time for budgeting and accounting purposes by the Developer or by the <br /> governing body of any successor entity to the Developer. <br /> "Indenture" means this instrument as originally executed or as it may from time to time <br /> be amended or supplemented pursuant to Article IX. <br /> "Interest Payment Date" on the Bonds means each January 1. April 1. .luly 1 and <br /> September 1,commencing 1, 20_. <br /> "Issuer" means City of South Bend, Indiana, a municipality organized and validly <br /> existing under the laws of the State of Indiana. <br /> "Financing Agreement" means the Financing Agreement, dated as of June 1, 2017, <br /> between the Developer and the Issuer and all amendments and supplements thereto. <br /> "Opinion of Counsel" shall mean an opinion in writing signed by legal counsel who may <br /> be an employee of or counsel to the Developer and who shall be satisfactory to the Trustee in its <br /> reasonable discretion. <br /> "Outstanding" or "Bonds outstanding" means all Bonds which have been duly <br /> authenticated,and delivered by the Trustee under this Indenture, except: <br /> (a) Bonds canceled after purchase in the open market or because of payment at or <br /> redemption prior to maturity; <br /> (b) Bonds for the redemption of which cash or investments(but only to the extent that <br /> the full faith and credit of the United States of America are pledged to the timely payment <br /> thereof) shall have been theretofore deposited with the Trustee (whether upon or prior to the <br /> maturity or redemption date of any such Bonds); provided that if such Bonds are to be redeemed <br /> prior to the maturity thereof, notice of such redemption shall have been given or arrangements <br /> satisfactory to the Trustee shall have been made therefor, or waiver of such notice satisfactory in <br /> form to the Trustee, shall have been filed with the Trustee;and <br /> (c) Bonds in lieu of which others have been authenticated under Section 2.9. <br /> "Paying Agent" means I st Source Bank and any successor paying agent or co-paying <br /> agent. <br /> - 11 - <br /> 1\11860514.2 <br />
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