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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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exceptions as to bankruptcy, insolvency and other laws affecting creditors' rights generally and <br /> customary exceptions as to principles of equity. <br /> Any Additional Bonds issued in accordance with the terms of this Section 2.9 shall be <br /> secured bythis Indenture and shall be equally and ratablypayable from the Pledged Revenues, <br /> q g <br /> on parity with the pledge thereof to the Series 20_Bonds, but such Additional Bonds may bear <br /> such date or dates, such interest rate or rates, and with such maturities, redemption dates and <br /> premiums as may be agreed upon by the Issuer and the purchaser of such Additional Bonds, <br /> subject to any limitations or requirements set forth in the TIF Pledge Resolution. <br /> Any Additional Bonds issued for the purpose of refunding any Bonds outstanding <br /> hereunder may be authenticated and delivered only upon receipt by the Trustee (in addition to <br /> the receipt by them of the documents required by Section 2.6 and this Section 2.9 hereof) of: <br /> (i) Irrevocable instructions from the Issuer to the Trustee, satisfactory to it, to <br /> give due notice of redemption of all the Bonds to be refunded on the redemption date <br /> specified in such instructions; <br /> (ii) Irrevocable instructions from the Issuer to the Trustee, satisfactory to it, to <br /> mail the notice provided for in Article V to the owners of the Bonds being refunded; <br /> (iii) Either (1) moneys in an amount sufficient to effect payment at the <br /> applicable Redemption Price or principal payment amount of the Bonds to be refunded <br /> or paid, respectively, together with accrued interest on such Bonds to the redemption or <br /> maturity date, which moneys shall be held by the Trustee or any one or more of the <br /> Paying Agents in a separate account irrevocably in trust for and assigned to the <br /> respective owners of the Bonds to be refunded or paid, or(2) Governmental Obligations <br /> in such principal amounts, of such maturities, bearing such interest, and otherwise <br /> having such terms and qualifications, as shall be necessary to comply with the <br /> provisions of Article X hereof, which Governmental Obligations shall be held in trust <br /> and used only as provided in said Article X, or (3) any combination of cash and/or <br /> Governmental Obligations as described in subparagraphs (1) or(2) above. <br /> Section 2.10 Form of Additional Bonds. Additional Bonds shall be issued in the form <br /> set forth in the Supplemental Indenture authorizing the issuance of such Series of Additional <br /> Bonds with such appropriate variations, omissions and insertions as are permitted or required by <br /> this Indenture or otherwise deemed necessary by the Issuer, the Trustee or the Registrar. <br /> Section 2.11 Book-Entry System. The Issuer has determined that the Series 20_ <br /> Bonds shall be held by a central depository system pursuant to an agreement between the Issuer <br /> and The Depository Trust Company, and have transfers of the Series 20_ Bonds effected by <br /> book-entry on the books of the central depository system. The Series 20_ Bonds shall be <br /> initially issued in the form of a separate single authenticated fully registered Bond for the <br /> aggregate principal amount of each separate maturity of the Series 20_ Bonds. Upon initial <br /> issuance, the ownership of such Series 20_Bonds shall be registered in the register kept by the <br /> Registrar in the name of CEDE& CO., as nominee of The Depository Trust Company. <br /> Notwithstanding any other provision hereof to the contrary, so long as any Series 20_ <br /> Bond is registered in the name of CEDE & CO. as nominee of the Depository Company, all <br /> 14 <br />
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