8448-93 Authorizing City of South Bend Economic Development Revenue Refunding Bonds (First Bank Center Project) $8,030,384.77

Home Browse Search

(d) the fees and expenses of the Trustee provided for in the Indenture; (e) the cost of delivering to your home offices, insured to your satisfaction, the Bonds and the Taxable Note purchased by you on the Closing Date; (f) the costs of publication of notices and all recording and filing fees and stamp and similar taxes and charges, if any, in connection with the creation, issuance and delivery of the Bonds and the Taxable Note, the execution, delivery and recordation of the Mortgage and any financing statements or similar filing required in connection therewith and the costs of any mortgage title insurance policies required by Section 2.9 hereof; and (g) all expenses relating to any future amendments, waivers or consents pursuant to the provisions hereof or of any of the other documents referred to in foregoing clause (a) hereof, whether or not any such amendment, waiver or consent is in fact entered into. Section 9.3. Notices. (a) All communications under this Agreement shall be in writing and shall be mailed, (1) if to any of you, at your respective address appearing on page one hereof, marked for attention as therein indicated, or at such other address as you may have furnished to the Borrower and the Issuer in writing; (2) if to the Borrower, c/o Hunter, Keith, Marshall & Co., 5100 IDS Center, Minneapolis, Minnesota 55402, Attention: Mr. Robert J. Keith, or at such other address as it may have furnished in writing to the Issuer and you; (3) if to the Issuer, at County-City Building, South Bend, Indiana 46601, Attention: Mayor, or at such other address as it may have furnished in writing to the Borrower and you. (b) Any notice so addressed and deposited in the United States mail by registered or certified mail shall be deemed to have been received on the third business day following the mailing thereof. Section 9.4. Survival. All warranties, representations and covenants made by the Issuer or the Borrower herein or in the Loan Agreement or in any certificate or other instrument delivered by it or on its behalf thereunder or under this Agreement shall be considered to have been relied upon by you and shall survive the delivery to you of the Bonds and the Taxable Note regardless of any investigation made by you or on your behalf. All statements in any such certificate or other instrument shall constitute warranties and representations by the Borrower or, as the case may be, the Issuer hereunder and payment or prepayment of either Taxable Notes or Bonds. -18-