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8447-93 Authorizing Economic Development Revenue (P.A.I. Properties $450,000)
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8447-93 Authorizing Economic Development Revenue (P.A.I. Properties $450,000)
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3/21/2013 4:21:19 PM
Creation date
10/1/2012 1:26:24 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
12/13/1993
Ord-Res Number
8447-93
Bill Number
107-93
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The obligations of the Borrower to pay such additional amounts due <br /> to an Event of Taxability shall survive termination of the Loan <br /> Agreement, payment of the Series 1993 Bonds, redemption of the <br /> Series 1993 Bond, any purchase of the Series 1993 Bonds by or on <br /> behalf of the Borrower, and payment of all other amounts owing on <br /> this Series 1993 Note. <br /> After the occurrence of an Event of Taxability and until <br /> payment in full of this Series 1993 Note, interest will accrue and <br /> be payable on this Series 1993 Note at the Taxable Rate. The <br /> Taxable Rate is four percent (4%) per annum in excess of the Prime <br /> Rate adjusted quarterly on the first business day of each calendar <br /> quarter. <br /> Payments of both principal and interest are to be endorsed to <br /> the Trustee, and are to be made directly to the Trustee for the <br /> account of the Issuer pursuant to such endorsement. Such <br /> endorsement is to be made as security for the payment of the bonds <br /> of the designated "City of South Bend Economic Development Revenue <br /> Bond (P.A.I. Properties, an Indiana Partnership Project, Series <br /> 1993) " issued pursuant to the Indenture (the "Series 1993 Bonds") . <br /> This Note is issued pursuant to the Loan Agreement and is <br /> entitled to the benefits, and is subject to the conditions thereof. <br /> To the extent permitted by law, the obligations of Borrower to make <br /> the payments required hereunder shall be absolute and unconditional <br /> without any defenses or right of setoff, counterclaim or recoupment <br /> by reason of any default by Issuer under the Loan Agreement or <br /> under any other agreement between Borrower and Issuer or out of any <br /> indebtedness or liability at any time owing to the Borrower by the <br /> Issuer or for any other reason. <br /> The Borrower promises to pay interest on any overdue principal <br /> and premium and, to the extent permitted by law, on any overdue <br /> interest, at the rate or rates of interest on the Bonds. Such <br /> principal, premium, if any, and interest are payable at the offices <br /> of the Trustee, or at the offices of any successor trustee under <br /> the Indenture. <br /> This Note is issued under and secured by the Loan Agreement. <br /> As provided in the Loan Agreement, Additional Notes may be issued <br /> and delivered by the Borrower to the Issuer or the purchaser or <br /> purchasers of the Additional Notes, with the consent of the Issuer, <br /> to refund outstanding Notes, or to finance the cost of construction <br /> or acquiring improvements for the Borrower as defined in the Loan <br /> Agreement and such Notes, if issued, together with this Note, shall <br /> be equally and ratably secured by the lien of the Loan Agreement. <br /> Furthermore, this Note ranks on a parity with the Borrower's Series <br /> 1986 Note, dated December 15, 1986, in original principal amount of <br /> $722, 000. Reference is hereby made to the Loan Agreement for a <br /> description of the property thereby mortgaged, the nature and <br /> extent of the security for such Notes and the rights of the holder <br /> thereof, the Borrower and the Issuer in respect thereof, and the <br /> -50- <br />
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