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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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ARTICLE XII <br />AMENDMENT OF LOAN AGREEMENT OR NOTE <br />Section 1201. Amendments, etc., to Loan Agreement or Note. The Issuer and the <br />Trustee shall not, without the consent of all the Bondholders, consent to any amendment, <br />change or modification; of the Loan Agreement or the Note. <br />ARTICLE XIII <br />MISCELLANEOUS <br />Section 1301. Consents, etc., of Bondholders. Any consent, request, direction, <br />approval, objection or other instrument required by this Indenture to be signed and executed <br />by the Bondholders may be in any number of concurrent writings of similar tenor and may <br />be signed or executed by such Bondholders in person or by agent appointed in writing. <br />Proof of the execution of any such consent, request, direction, approval, objection or other <br />instrument or of the writing appointing any such agent and of the ownership of Bonds, if <br />made in the following manner, shall be sufficient for any of the purposes of this Indentures <br />and shall be conclusive in favor of the Trustee with regard to any action taken under such <br />request or other instrument, namely: the fact and date of the execution by any person of any <br />such writing may be proved by the certificate of any officer in any jurisdiction who by law <br />has power to take acknowledgments within such jurisdiction that the person signing such <br />writing acknowledged before him the execution thereof, or by affidavit of any witness to <br />such execution. <br />Section 1302. Limitation of Rights. With the exception of rights herein expressly <br />conferred, nothing expressed or mentioned in or to be implied from this Indenture or the <br />Bonds is intended or shall be construed to give to any person other than the parties hereto <br />and the holders of the Bonds any legal or equitable right, remedy or claim under or in <br />respect to this Indenture or any covenants, conditions and provisions herein contained, this <br />Indenture and all of the covenants, conditions and provisions hereof being intended to be and <br />being for the sole and exclusive benefit of the parties hereto and the holders of the Bonds as <br />herein provided. <br />Section 1303. Severability. If any provision of this Indenture shall be held or deemed <br />to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in <br />any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with <br />any other provision or provisions hereof or any constitution or statute or rule of public <br />policy, or for any other reason, such circumstances shall not have the effect of rendering the <br />provision in question inoperative or unenforceable in any other case or circumstance, or of <br />rendering any other provision or provisions herein contained invalid, inoperative or <br />unenforceable to any extent whatever. <br />-38- <br />
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