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8448-93 Authorizing City of South Bend Economic Development Revenue Refunding Bonds (First Bank Center Project) $8,030,384.77
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8448-93 Authorizing City of South Bend Economic Development Revenue Refunding Bonds (First Bank Center Project) $8,030,384.77
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3/21/2013 4:22:24 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
12/13/1993
Ord-Res Number
8443-93
Bill Number
108-93
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prepayments of principal marked on such New Taxable Note, as provided in clause (ii) <br />above, shall be deemed to have been made thereon. <br />(b) Upon the issuance of a New Taxable Note pursuant to Section 6.5(a) or (c), the <br />Borrower may require the payment of a sum to reimburse it for, or to provide it with funds <br />for, the payment of any tax or other governmental charge or any other charges and expenses <br />connected therewith which are paid or payable by the Borrower. <br />(c) All New Taxable Notes issued pursuant to Section 6.5(a) or (c) in exchange for <br />or in substitution or in lieu of Old Taxable Notes shall be valid obligations of the Borrower <br />evidencing the same debt as the Old Taxable Notes and shall be entitled to the benefits and <br />security of the Mortgage and the Assignment of Leases to the same extent as the Old Taxable <br />Notes. <br />Section 6.7. Ownership. The Person in whose name any Taxable Note shall be <br />registered shall be deemed and treated as the owner thereof for all purposes of this Loan <br />Agreement. Payment of or on account of the principal of, premium, if any, and interest on <br />such Taxable Note shall be made only to or upon the order in writing of such registered <br />owner. For the purpose of any request, direction or consent hereunder, the Borrower may <br />deem and treat the registered owner of any Taxable Note as the owner and holder thereof <br />without production of such Taxable Note. <br />SECTION 7. PREPAYMENT OF TAXABLE NOTE. <br />Section 7.1. Prepayment. (a) The Taxable Note is subject to prepayment in whole or <br />in part from moneys deposited with the Trustee in the Bond Fund pursuant to the terms of <br />Section 503(c) of the Indenture. If called for prepayment as a result of such event, the <br />Taxable Note shall be subject to prepayment by the Borrower in whole or part at a prepay- <br />ment price of 100% of the principal amount thereof plus accrued interest to the prepayment <br />date. <br />(b) The Taxable Note is subject to prepayment at the option of the Borrower prior <br />to maturity on any installment payment date on or after May 1, 1997, in whole or in part <br />(pro rata as provided in Section 7.4 hereof) in integral multiples of $1,000, by payment of <br />the principal amount of the Taxable Note, or portion thereof to be prepaid, and accrued <br />interest thereon to the prepayment date together with a premium equal to the Make -Whole <br />Amount, determined as of two Business Days prior to the date of such prepayment pursuant <br />to this Subsection 7.1(b). The provisions of this Subsection 7.1(b) shall not be deemed to <br />require the payment of any penalty or premium upon the maturity of the Taxable Note in <br />accordance with the maturities stated on the face thereof. The Taxable Note shall not, <br />however, be subject to prepayment under this Subsection 7.1(b), if and so long as the Bonds <br />are outstanding, unless any such prepayment shall be accompanied by a proportional <br />prepayment of the Bonds. <br />Section 7.2. Notice of Prepayment. Notice of the call for any prepayment of the <br />Taxable Note pursuant to Section 7.1 hereof, identifying the Taxable Note or portions <br />-14- <br />
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