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05-22-2017 Packet
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05-22-2017 Packet
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5/18/2017 3:17:10 PM
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5/18/2017 3:11:53 PM
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ARTICLE I. <br /> DEFINITIONS AND EXHIBITS <br /> Section 1.1. Terms Defined. As used in this Financing Agreement,the following terms <br /> shall have the following meanings unless the context clearly otherwise requires: <br /> "Act" means, collectively, Indiana Code 36-7-11.9, -12, -14 and -25 and any successor <br /> provisions of the Indiana Code or successor codes. <br /> "Allocation Area" means the River West Development Area Allocation Area No. 1. <br /> "Area" means the River West Development Area. <br /> "Authorized Representative" means, as to the Developer, any officer of the Developer or <br /> any other person certified by an officer of the Developer to be such and means any person so <br /> designated by resolution of the Common Council as to the Issuer. <br /> "Bond Counsel" means a nationally recognized firm of municipal bond attorneys <br /> acceptable to the Trustee. <br /> "Bond Fund" means the Bond Fund established by Section 4.2 of the Indenture. <br /> "Bond Year"means each twelve month period ending on any bond payment date. <br /> "Bondholder" or any similar term means the registered owner of a Bond. <br /> "Bonds" means the Series 2017 Bonds and any other bonds issued under the Indenture. <br /> "Business Day" means any day other than a Saturday, Sunday or holiday on which <br /> commercial banks in the city in which the principal office of the Trustee is located are open for <br /> conducting substantially all of its banking activities. <br /> "Commission" means the South Bend Economic Development Commission. <br /> "Completion Date" means the date of delivery by the Developer to the Trustee of the <br /> certificate required by Section 4.3(c)of the Indenture, evidencing the completion of the Project. <br /> "Construction Fund" means the Construction Fund established in Section 4.3 of the <br /> Indenture. <br /> "Costs of Construction" means the categorical costs of providing for an "economic <br /> development project" as defined and set forth in the Act as follows: <br /> (i) all costs and expenses which Issuer or Developer shall be required to pay, <br /> under the terms of any contract or contracts (including the architectural and engmeermg, <br /> development, and legal services with respect thereto), for materials, equipment and the <br /> construction of the Project; and <br /> - 3 - <br /> 1\11853148.2 <br />
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