12-13-2021 FINAL Packet - Laserfiche WebLink

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A-2 payment) shall be paid by wire transfer on each interest payment date to the Registered Owner as of the Record Date at the address as it appears on the registration books kept by the Registrar or at such other address as is provided to the Paying Agent in writing by the Registered Owner. All payments of principal and interest on this bond shall be payable in any coin or currency of the United States of America which on the date of such payment shall be legal tender for the payment of public and private debts. This bond is an authorized bond of the Issuer, designated as the City of South Bend, Indiana, Economic Development Lease Rental Revenue Bonds, Series 2022 (Potawatomi Zoo Project), dated ___________ ___, 2022 (the “Series 2022 Bonds”), issued pursuant to Ordinance _______, adopted by the Common Council of the Issuer on ______________, 2022 (the “Bond Ordinance”) and under and secured by a Trust Indenture, dated as of March 1, 2022 (the “Indenture”), duly executed and delivered by the Issuer to the Trustee, to which reference is hereby made for a description of the property securing the Series 2022 Bonds and any additional bonds issued thereunder (the “Additional Bonds”) (the Series 2022 Bonds and any Additional Bonds, collectively, the “Bonds”), and the rights under the Indenture of the Issuer, the registered owners of the Bonds and the Trustee. The Series 2022 Bonds are limited in aggregate principal amount of $___________________. The Series 2022 Bonds are being issued for the purpose of providing funds to (a) finance the cost of the Project (as defined in the Indenture), (b) fund a Debt Service Reserve Fund, and (c) pay certain of the costs incurred in connection with and on account of the issuance of the Series 2022 Bonds. The Issuer has agreed to issue the Series 2022 Bonds and to provide a portion of proceeds thereof to Potawatomi Zoological Society, Inc., an Indiana non- profit corporation (the “Corporation”), pursuant to the terms of a Financing Agreement, dated as of March 1, 2022 (the “Financing Agreement”), which prescribes certain of the terms and conditions under which such proceeds and other funds will be used by the Corporation. The Bonds are all equally and ratably secured by and entitled to the protection of the Indenture. The Indenture permits the issuance of Additional Bonds under the conditions set out in Section 2.9 thereof and allows the Issuer to terminate the security of the Indenture for Bonds by establishing a trust fund under the conditions set out in Section 10.2 thereof. Pursuant to the Indenture, the Trust Estate (as created and defined in the Indenture), consisting of the funds and accounts of the Indenture and a pledge and assignment of the Lease Rental Payments (as defined in the Indenture), is pledged and assigned by the Issuer to the Trustee as security for the Bonds. The Bonds are issued pursuant to and in full compliance with the Constitution and laws of the State of Indiana, particularly Indiana Code, Title 36, Article 7, Chapters 11.9 and 12 (the “Act”), and by appropriate action duly taken by the Issuer which authorizes the execution and delivery of the Indenture. The Series 2022 Bonds have been issued in conformity with the provisions, restrictions and limitations of the Act. Copies of the Indenture are on file at the principal corporate trust office of the Trustee. BY ACCEPTANCE OF THIS SERIES 2022 BOND, THE OWNER OF THIS SERIES 2022 BOND HEREBY ACCEPTS ALL THE PROVISIONS OF THE INDENTURE. The Series 2022 Bonds are issuable in registered form without coupons in the denominations of $5,000 or any integral multiple thereof. This Series 2022 Bond is transferable by the registered holder hereof in person or by his attorney duly authorized in writing at the principal office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Indenture and upon surrender and cancellation of this Series 2022