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32-17 Economic Development Revenue Bonds (Studebaker Project)
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32-17 Economic Development Revenue Bonds (Studebaker Project)
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Last modified
5/17/2017 1:41:10 PM
Creation date
6/7/2017 1:24:57 PM
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City Council - City Clerk
City Counci - Date
5/22/2017
Bill Number
32-17
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ARTICLE IX. <br /> MISCELLANEOUS PROVISIONS <br /> Section 9.1. Financing Agreement for Benefit of Parties Hereto. Nothing in this <br /> Financing Agreement, express or implied, is intended or shall be construed to confer upon, or to <br /> give to, any person other than the parties hereto, their successors and assigns the Trustee, any <br /> right, remedy or claim under or by reason of this Financing Agreement or any covenant, <br /> condition or stipulation hereof, and the covenants, stipulations and agreements in this Financing <br /> Agreement contained are and shall be for the sole and exclusive benefit of the parties hereto, <br /> their successors and assigns, the Trustee and the holder of the Series 2017 Bonds. <br /> Section 9.2. Severability. If any one or more of the provisions contained in this <br /> Financing Agreement or in the Series 2017 Bonds shall be invalid, illegal or unenforceable in <br /> any respect, the validity, legality and enforceability of the remaining provisions contained herein <br /> and therein, shall not in any way be affected or impaired thereby. <br /> Section 9.3. Limitation on Interest. No provisions of this Financing Agreement shall <br /> require the payment or permit the collection of interest in excess of the maximum permitted by <br /> law. If any excess of interest in such respect is herein provided for, or shall be adjudicated to be <br /> so provided for herein, neither the Developer nor its successors or assigns shall be obligated to <br /> pay such interest in excess of the amount permitted by law, and the right to demand the payment <br /> of any such excess shall be and hereby is waived, and this provision shall control any provisions <br /> of this Financing Agreement inconsistent with this provision. <br /> Section 9.4. Addresses for Notice and Demands. All notices, demands, certificates or <br /> other communications hereunder shall be sufficiently given and shall be deemed given when <br /> mailed by registered or certified mail, postage prepaid, with proper address as indicated below. <br /> The Issuer, the Developer and the Trustee may, by written notice given by each to the others, <br /> designate any address or addresses to which notices, demands, certificates or other <br /> communications to them shall be sent when required as contemplated by this Financing <br /> Agreement. Until otherwise provided by the respective parties, all notices, demands certificates <br /> and communications to each of them shall be addressed as follows: <br /> To the Issuer: City of South Bend, Indiana <br /> 227 West Jefferon Blvd., Suite 1400N <br /> South Bend, IN 46601 <br /> Attention: Controller <br /> To the Developer: RDistrict Two LLC <br /> 6561 Lonewolf Drive, Suite 100 <br /> South Bend, IN 46601 <br /> Attention: Manager <br /> - 19 - <br /> 1\11853148.2 <br />
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