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District Bond Indenture), the first of which Interest Payment Date maybe as early as September 1, <br />2008 if the District Bonds remain in a weekly reset mode; and <br />WHEREAS, the EDC Bonds are secured by a Trust Indenture dated June 1, 2005 (the "EDC <br />Bond Indenture") between the Commission and The Bank of New York Trust Company, N.A., as <br />Trustee (the `'EDC Bond Trustee"), and a portion of the EDC Bond proceeds have deposited with the <br />EDC Bond Trustee to pay the debt service charges on the EDC through the payment due February 1, <br />2008; and <br />WHEREAS, under Section 4.4 of the EDC Bond Indenture, Project Tax Increment Revenues <br />sufficient to pay the continued debt service payments on the EDC Bonds, to the extent such Project <br />Tax Increment Revenues are available for such purpose, must be deposited with the EDC Bond <br />Trustee by the January 15 or July 15 immediately preceding the February 1 or August 1 payment, <br />which first deposit date and first payment shall be July 15, 2008 and August 1, 2008, respectively; <br />and <br />WHEREAS, the Commission desires to authorize all funds received by the Commission for <br />Allocation Area No. 2 Fund be transferred to the Bond Principal and Interest Account; and <br />WHEREAS, the Commission further desires that all funds on deposit in the Bond Principal <br />and Interest Account be appropriated for the debt service payments on the Bonds, in accordance with <br />the Pledge Resolution and Indiana Code ~ 36-7-14-39(b)(2)(A); and <br />WHEREAS, the proposed appropriations from Allocation Area No. 2 Fund or the Bond <br />Principal and Interest Account are not for the operating expenses of the Commission; and <br />WHEREAS, such appropriations are subject to the provisions of Indiana Code § 6-1.1-18-5; <br />and <br />WHEREAS, on January 14, 2011, the Commission adopted Resolution 2818 setting a public <br />hearing on said appropriations for 4:00 p.m. on February 8, 2011 and authorizing the Secretary of the <br />Commission to duly publish notice of said hearing; and <br />WHEREAS, the Secretary of the Commission has caused notice of said hearing on said <br />appropriations to be published in accordance with law; and <br />WHEREAS, such public hearing was held at the Commission's meeting at 4:00 p.m. on <br />February 8, 2010, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana <br />46601, at which all taxpayers and interested persons had an opportunity to appear and express their <br />views as to such additional appropriations; and <br />WHEREAS, the Commission now desires to approve said appropriations in a total amount <br />estimated not to exceed Three Million Four Hundred Twenty Thousand and 00/100 Dollars <br />($3,420,000.00); <br />