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10632-18 Bond Financing for the Community Center Project (St. Joseph County Public Library)
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10632-18 Bond Financing for the Community Center Project (St. Joseph County Public Library)
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11/28/2018 12:57:51 PM
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11/28/2018 12:57:12 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/26/2018
Ord-Res Number
10632-18
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Bonds issued hereunder, without preference, priority or distinction as to lien or otherwise, except <br /> as otherwise hereinafter provided, of any one Bond or as between principal and interest, and it is <br /> hereby mutually covenanted and agreed that the terms and conditions upon which the Bonds are <br /> to be issued, authenticated, delivered, secured and accepted by all persons who shall from time to <br /> time be or become the holders thereof, are as follows: <br /> (End of Granting Clauses) <br /> ARTICLE I. <br /> DEFINITIONS <br /> Section 1.1 Terms Defined. In addition to the words and terms elsewhere defined in <br /> this Indenture, the following words and terms as used in this Indenture shall have the following <br /> meanings unless the context or use indicates another or different meaning or intent: <br /> "Act" means, collectively, Indiana Code 36-7-11.9 and 36-7-12, as supplemented and <br /> amended. <br /> "Additional Bonds" means bonds issued pursuant to the Ordinance and Section 2.9 <br /> hereof and any Supplemental Indenture and includes Refunding Bonds. <br /> "Affidavit of Completion" means the affidavit to be filed by or on behalf of the Issuer <br /> with the Trustee relating to the Project stating that the Project is substantially completed in <br /> accordance with the terms of the Financing Agreement and is ready for use and occupancy. <br /> "Allocation Area" means the River West Economic Development Area Allocation Area <br /> previously established by the Redevelopment Commission in accordance with IC 36-7-14-39 for <br /> the purposes of capturing incremental ad valorem real property taxes levied and collected on all <br /> taxable property in such allocation area. <br /> "Allocation Fund" means the River West Economic Development Area Allocation Fund <br /> established under IC 36-7-14 for the purpose of allocating and depositing the Pledged Revenues <br /> collected in the Allocation Area. <br /> "Annual Fees" means all of the Issuer's expenses in carrying out and administering the <br /> Bonds issued pursuant to this Indenture and shall include, without limiting the generality of the <br /> foregoing, legal, accounting, management, consulting and banking services and expenses, fees <br /> and expenses of the Trustee and the Registrar and Paying Agent, costs of verifications required <br /> hereunder, and any other costs permitted under the Act, and rebates, if any, which in the opinion <br /> of Bond Counsel are required to be made under the Code in order to preserve or protect the <br /> exclusion from gross income for federal tax purposes of interest on the Bonds, all to the extent <br /> properly allocable to the Bonds. <br /> "Authorized Representative" means (i) with respect to the Issuer, the Mayor, the City <br /> Clerk, the City Controller or the Deputy City Controller (or such other officer as the Issuer shall <br /> notify the Public Library and the Trustee in writing as being an Authorized Representative, with <br /> evidence of such authority); and (ii) with respect to the Public Library, the Executive Director or <br /> the President of the Public Library (or such other officer as the Public Library shall notify the <br /> 3 <br />
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