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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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due or to become due thereon, at the times and in the manner mentioned in the Bonds <br />according to the true intent and meaning thereof, and shall cause the payments to be made <br />into the Bond Fund as required under Article V hereof or shall provide, as permitted <br />hereby, for the payment thereof by depositing with the Trustee the entire amount due or to <br />become due thereon, and shall well and truly keep, perform and observe all the covenants <br />and conditions pursuant to the terms of this Indenture to be kept, performed and observed <br />by it, and shall pay or cause to be paid to the Trustee all sums of money due or to become <br />due to it in accordance with the terms and provisions hereof, then upon such final payments <br />this Indenture and the rights hereby granted shall cease, determine and be void; otherwise <br />this Indenture to be and remain in full force and effect. <br />THIS INDENTURE OF TRUST FURTHER WITNESSETH, and it is expressly declared, <br />that all Bonds issued and secured hereunder are to be issued, authenticated and delivered and <br />all revenues hereby pledged are to be dealt with and disposed of under, upon and subject to <br />the terms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as <br />hereinafter expressed, and the Issuer has agreed and covenanted, and does hereby agree and <br />covenant, with the Trustee and with the respective holders and owners, from time to time, of <br />the said Bonds or any part thereof, as follows (subject, however, to the provisions of Section <br />204 hereof): <br />ARTICLE I <br />DEFINITIONS <br />In addition to the words and terms elsewhere defined in this Indenture, the following <br />words and terms as used in this Indenture shall have the following meanings unless the <br />context or use indicates another or different meaning or intent: <br />"Act" means Indiana Code 36 -7 -12, as from time to time amended. <br />"Allstate" means Allstate Insurance Company, Northbrook, Illinois. <br />"Assignment of Lease" means the Assignment of Lease dated as of November 15, <br />1993, from the Borrower and FBT to the Trustee, assigning to the Trustee the Borrower's <br />interest in and to the FBT Lease. <br />"Authorized Borrower Representative" means either (a) any general partner of the <br />Borrower or (b) the person at the time designated to act in behalf of the Borrower by <br />written certificate furnished to the Issuer and the Trustee containing the specimen signature <br />of such persons and signed on behalf of the Borrower by any general partner of the <br />Borrower. <br />"Banks" means NBD and The Indiana National Bank, a national banking association <br />(in its individual corporate capacity and not as a trustee under the Prior Indenture). <br />11:11 <br />
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