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Authorizing the city Amend Documents Relating to its economic development refunding revenue bond series 1983
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Authorizing the city Amend Documents Relating to its economic development refunding revenue bond series 1983
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10/11/2012 10:53:42 AM
Creation date
10/11/2012 10:53:38 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/9/1992
Ord-Res Number
8312-92
Bill Number
85-92
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SENT BY: ICE MILLER - ;10-26-92 ; 6:4811 ; CO?Y CENTER:, 21 b264 265 r 7 <br /> acceptable to Bondholder, which transaction shall be completed no later than three <br /> months after the occurrence of the Event of Default, or a stipulated or <br /> uncontested foreclosure. <br /> (b) A Section 7.6 shall be added to the Loan Agreement and Bond Purchase <br /> Agreement, and shall be stated as follows: <br /> In the event Company should file a voluntary petition for relief under the United <br /> States Bankruptcy Code, 11 U.S.C. section 101 et seq. ("Bankruptcy Code"), or <br /> an order for relief is otherwise entered in a bankruptcy case filed by Company <br /> or initiated against Company, Company waives any and all objections to and <br /> otherwise agrees not to oppose any motion filed by Bondholder for relief from the <br /> automatic stay pursuant to section 362(e) or (d) of the Bankruptcy Code. This <br /> provision shall be binding upon Company as a debtor-in-possession and upon any <br /> trustee appointed by a Bankruptcy Court of competent jurisdiction. <br /> (c) The form of Note referred to in Exhibit B to the Loan Agreement and Bond <br /> Purchase Agreement shall be deleted and replaced with the form of Note attached hereto in <br /> Exhibit A. <br /> (d) The form of Bond referred to in Exhibit C to the Loan Agreement and Bond <br /> Purchase Agreement shall be deleted and replaced with the form of Bond attached hereto in <br /> Exhibit B. <br /> (e) The Mayor and Clerk of the City of South Bend, Indiana are hereby authorized <br /> to act on behalf of the City of South Bend, Indiana with respect to all actions contemplated in <br /> paragraphs(c)and (d)of this section, including the endorsement of the Note, the form of which <br /> is attached hereto as Exhibit A, and the execution of the Bond, the form of which is attached <br /> hereto as exhibit B, and to execute all documents related to this First Amendment of Loan <br /> Agreement and Bond Purchase Agreement. <br /> - 2 - <br />
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