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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
Creation date
10/1/2012 2:09:23 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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Section 205. Authentication. No Bond shall be valid or obligatory for any purpose <br />or entitled to any security or benefit under this Indenture unless and until a certificate of <br />authentication on such Bond substantially in the form hereinabove set forth shall have been <br />duly executed by the Trustees and such executed certificate of the Trustee upon any such <br />Bond shall be conclusive evidence that such Bond has been authenticated and delivered under <br />this Indenture. The Trustee's certificate of authentication on any Bond shall be deemed to <br />have been executed by it if signed by an authorized officer of the Trustee or signatory of the <br />Trustee, but it shall not be necessary that the same officer sign the certificate of <br />authentication on all of the Bonds Issued hereunder. <br />Section 206. Form of Bonds. The Bonds issued under this Indenture shall be <br />substantially in the form hereinabove set forth with such appropriate variations, omissions <br />and insertions as are permitted or required by this Indenture. <br />Section 207. Delivery of Bonds; Payment of Purchase Price of Bonds. Upon the <br />execution and delivery of this Indenture, the Issuer shall execute and deliver to the Trustee <br />and the Trustee shall authenticate the Bonds to be issued up to the aggregate principal <br />amount of $8,030,384.77 and deliver them to or upon the direction of the Issuer as <br />hereinafter in this Section 207 provided. <br />Prior to the delivery by the Trustee of any of the Bonds there shall be filed with the <br />Trustee: <br />1. A copy, duly certified by the City Clerk of the Issuer, of the ordinance <br />adopted by the Common Council of the Issuer and approved by the Mayor of the <br />Issuer authorizing the execution and delivery of the Loan Agreement, the Bond <br />Purchase Agreement and this Indenture and the issuance of the Bonds. <br />2. A copy of each of the documents, certificates and opinions required to be <br />delivered as a condition to the Purchaser's obligations to purchase the Bonds under the <br />Bond Purchase Agreement. <br />3. A request and authorization to the Trustee on behalf of the Issuer and <br />signed by the Mayor and the City Clerk of the Issuer to authenticate and deliver the <br />Bonds in the aggregate principal amount of $8,030,384.77 to the purchasers therein <br />identified. [The proceeds of such Bonds shall be paid over to the Trustee and <br />deposited to the credit of the Bond Fund as provided in Article VI hereof.] <br />4. The acknowledgement by the Purchaser that all of the conditions <br />precedent to the purchase by the Purchaser of the Bonds, contained in the Bond <br />Purchase Agreement, have been complied with to the satisfaction of the Purchaser. <br />The purchase by the Purchaser of the Bonds shall constitute such an acknowledgement. <br />Pursuant to the Bond Purchase Agreement, the Purchaser will purchase the Bonds and <br />will pay the purchase price therefor to the Trustee for the account of the Issuer for deposit <br />into the Bond Proceeds Fund maintained by the Trustee pursuant to Section 602 hereof. <br />-16- <br />
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