Laserfiche WebLink
APPENDIX C <br /> PROPOSED FORM OF CONTINUING DISCLOSURE AGREEMENT <br /> $4,100,000' <br /> CITY OF SOUTH BEND,INDIANA <br /> MULTIFAMILY HOUSING REVENUE BONDS,SERIES 2020A <br /> (CEDAR GLEN APARTMENTS PROJECT) <br /> This Continuing Disclosure Agreement (the "Disclosure Agreement"), dated as of April 1, 2020, <br /> is executed and delivered by MAH Cedar Glen, LP, an Indiana limited partnership (the "Owner"), The <br /> Huntington National Bank, in its capacity as trustee(in such capacity, the"Trustee"),and The Huntington <br /> National Bank, as dissemination agent (in such capacity, the"Dissemination Agent"), in connection with <br /> the issuance and sale of the above-captioned bonds (the "Bonds"). The Bonds are being issued pursuant <br /> to a Trust Indenture, dated as of April 1,2020 (the"Indenture"),between the City of South Bend, Indiana <br /> (the"Issuer") and the Trustee. The Bonds are being issued by the Issuer to provide money to make a loan <br /> (the "Loan") to the Owner, to finance the acquisition, rehabilitation, improvement and equipping of a <br /> multifamily rental housing facility(the"Project")located in the City of South Bend, Indiana. <br /> Section 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being <br /> executed and delivered by the Owner, the Trustee and the Dissemination Agent for the benefit of the <br /> Holders of the Bonds and in order to assist the Participating Underwriter(as defined below) in complying <br /> with the Rule(defined below). The Owner and the Dissemination Agent acknowledge that the Issuer has <br /> undertaken no responsibility with respect to any reports, notices or disclosures provided or required under <br /> this Disclosure Agreement, and has no liability to any person, including any Holder of the Bonds, with <br /> respect to any such reports,notices or disclosures. <br /> Section 2. Definitions. In addition to the definitions set forth in the Indenture, which apply to <br /> any capitalized term used in this Disclosure Agreement unless otherwise defined herein or in this Section, <br /> the following capitalized terms shall have the following meanings: <br /> "Annual Report"means any Annual Report provided by the Owner pursuant to, and as described <br /> in, Sections 3 and 4 of this Disclosure Agreement. <br /> "Disclosure Representative" means the managing member of the Owner or its designee, or such <br /> other person as the Owner shall designate in writing to the Dissemination Agent from time to time. <br /> "Dissemination Agent" means The Huntington National Bank, acting in its capacity as <br /> Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by the <br /> Owner and which has filed with the Trustee a written acceptance of such designation. <br /> "Listed Events"means any of the events listed in Section 5(a) of this Disclosure Agreement. <br /> "Participating Underwriter"means The Sturges Company and its successors and assigns. <br /> "Repository" means the Municipal Securities Rulemaking Board ("MSRB") through its <br /> Electronic Municipal Market Access("EMMA") system(http://emma.msrb.org/). <br /> "Rule"means Rule 15c2 12(b)(5) adopted by the Securities and Exchange Commission under the <br /> Securities Exchange Act of 1934, as the same may be amended from time to time. <br /> *Preliminary,subject to change. <br /> C-1 <br />