60-18 Bond Financing for the Community Center Project

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ARTICLE I DEFINITIONS AND EXHIBITS Section 1.1. Terms Defined. Capitalized terms used in this Financing Agreement that are not otherwise defined herein, shall have the meanings provided for such terms in the Indenture. As used in this Financing Agreement, the following terms shall have the following meanings unless the context clearly otherwise requires: "Act"means, collectively, Indiana Code 36-7-11.9 and 36-7-12. "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. "Bondholder"or"owner of a Bond"or any similar term means the owner of any Bond. "Bond Fund" means the Bond Fund to be created and established by Section 4.2 of the Indenture. "Bond Ordinance" means Ordinance No. 10613-18, adopted by the Common Council on September 24, 2018, authorizing the issuance of the Series 20_Bonds to finance the costs of the Project and pledging the Pledged Revenues to the payment of the principal of and interest on the Bonds. "Bond Proceeds"means an amount equal to $4,800,000 (which equals the face amount of the Bonds plus original issue premium of $346,188.80, less an underwriter's discount of $11,778.40, less costs of issuance of the Bonds ($63,900) and less an amount used to pay for purchase a debt service reserve surety policy to satisfy the requirements of the debt service reserve fund under the Indenture ($7,932.00)) to be provided for out of the proceeds of the Bonds, plus investment earnings, all of which will be made available to the Public Library, pursuant to the terms of this Financing Agreement and the Indenture, to pay for Eligible Costs. "City Parties" means, collectively, (a) the Issuer and the Economic Development Commission, and the Redevelopment Commission, and their successors and assigns, (b) any financial advisor or legal counsel to any entity listed in subclause (a) hereof, (c) the underwriter for the Bonds, (d) the owners of the Bonds (beneficial or otherwise), and(e) the Trustee. "Code" means the Internal Revenue Code of 1986, as amended, the regulations (whether proposed, temporary, or final) promulgated thereunder or the statutory predecessor thereof, and any amendments of, or successor provisions to, the foregoing and any official rulings, announcements, notices, procedures, and judicial determinations, regarding any of the foregoing. "Construction Fund"means the Series 20_Construction Fund established by Section 4.5 of the Indenture. "Disbursement"means the transfer of all or any portion of Bond Proceeds by the Trustee from the Construction Fund to the Public Library to fund Eligible Costs approved by the City. 2