12-13-2021 FINAL Packet - Laserfiche WebLink

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3 ARTICLE I DEFINITIONS AND EXHIBITS Section 1.1. Terms Defined. Capitalized terms used in this Financing Agreement that are not otherwise defined herein, shall have the meanings provided for such terms in the Indenture. As used in this Financing Agreement, the following terms shall have the following meanings unless the context clearly otherwise requires: “Act” means, collectively, Indiana Code 36-7-11.9 and 36-7-12. “Bondholder” or “owner of a Bond” or any similar term means the owner of any Bond. “Bond Fund” means the Bond Fund to be created and established by Section 4.2 of the Indenture. “Bond Ordinance” means Ordinance No. ___________, adopted by the Common Council on December ______, 2022, authorizing the issuance of the Series 2022 Bonds to finance the costs of the Project and pledging the Pledged Revenues to the payment of the principal of and interest on the Bonds. “Bond Proceeds” means an amount equal to $_____________ (which equals the face amount of the Bonds plus original issue premium of $__________, less an underwriter’s discount of $___________, less costs of issuance of the Bonds ($__________) and less an amount used to purchase a municipal bond debt service reserve insurance policy to satisfy the requirements of the debt service reserve fund under the Indenture ($_____________)) to be provided for out of the proceeds of the Bonds, plus investment earnings, all of which will be made available to the Corporation, pursuant to the terms of this Financing Agreement and the Indenture, to pay for Eligible Costs. “Building Corporation” means the City of South Bend Building Corporation, an Indiana non-profit corporation organized for the purpose of financing buildings and other capital improvements in the City. “City Parties” means, collectively, (a) the Issuer and the Economic Development Commission, and their successors and assigns, (b) any financial advisor or legal counsel to any entity listed in subclause (a) hereof, (c) the underwriter for the Bonds, (d) the owners of the Bonds (beneficial or otherwise), and (e) the Trustee. “Commission” means the South Bend Redevelopment Commission, the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, existing and operating under the provisions of Indiana Code 36-7-14, as amended from time to time. “Code” means the Internal Revenue Code of 1986, as amended, the regulations (whether proposed, temporary, or final) promulgated thereunder or the statutory predecessor thereof, and any amendments of, or successor provisions to, the foregoing and any official rulings, announcements, notices, procedures, and judicial determinations, regarding any of the foregoing.