32-17 Economic Development Revenue Bonds (Studebaker Project)

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