60-18 Bond Financing for the Community Center Project

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Bonds issued hereunder, without preference, priority or distinction as to lien or otherwise, except as otherwise hereinafter provided, of any one Bond or as between principal and interest, and it is hereby mutually covenanted and agreed that the terms and conditions upon which the Bonds are to be issued, authenticated, delivered, secured and accepted by all persons who shall from time to time be or become the holders thereof, are as follows: (End of Granting Clauses) ARTICLE I. DEFINITIONS Section 1.1 Terms Defined. In addition to the words and terms elsewhere defined in this Indenture, the following words and terms as used in this Indenture shall have the following meanings unless the context or use indicates another or different meaning or intent: "Act" means, collectively, Indiana Code 36-7-11.9 and 36-7-12, as supplemented and amended. "Additional Bonds" means bonds issued pursuant to the Ordinance and Section 2.9 hereof and any Supplemental Indenture and includes Refunding Bonds. "Affidavit of Completion" means the affidavit to be filed by or on behalf of the Issuer with the Trustee relating to the Project stating that the Project is substantially completed in accordance with the terms of the Financing Agreement and is ready for use and occupancy. "Allocation Area" means the River West Economic Development Area Allocation Area previously established by the Redevelopment Commission in accordance with IC 36-7-14-39 for the purposes of capturing incremental ad valorem real property taxes levied and collected on all taxable property in such allocation area. "Allocation Fund" means the River West Economic Development Area Allocation Fund established under IC 36-7-14 for the purpose of allocating and depositing the Pledged Revenues collected in the Allocation Area. "Annual Fees" means all of the Issuer's expenses in carrying out and administering the Bonds issued pursuant to this Indenture and shall include, without limiting the generality of the foregoing, legal, accounting, management, consulting and banking services and expenses, fees and expenses of the Trustee and the Registrar and Paying Agent, costs of verifications required hereunder, and any other costs permitted under the Act, and rebates, if any, which in the opinion of Bond Counsel are required to be made under the Code in order to preserve or protect the exclusion from gross income for federal tax purposes of interest on the Bonds, all to the extent properly allocable to the Bonds. "Authorized Representative" means (i) with respect to the Issuer, the Mayor, the City Clerk, the City Controller or the Deputy City Controller (or such other officer as the Issuer shall notify the Public Library and the Trustee in writing as being an Authorized Representative, with evidence of such authority); and (ii) with respect to the Public Library, the Executive Director or the President of the Public Library (or such other officer as the Public Library shall notify the 3