12-13-2021 FINAL Packet - Laserfiche WebLink

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4 ARTICLE I. DEFINITIONS Section 1.1 Terms Defined. In addition to the words and terms elsewhere defined in this Indenture, the following words and terms as used in this Indenture shall have the following meanings unless the context or use indicates another or different meaning or intent: “Act” means, collectively, Indiana Code 36-7-11.9 and 36-7-12, as supplemented and amended. “Additional Bonds” means bonds issued pursuant to the Ordinance and Section 2.9 hereof and any Supplemental Indenture and includes Refunding Bonds. “Affidavit of Completion” means the affidavit to be filed by or on behalf of the Issuer with the Trustee relating to the Project stating that the Project is substantially completed in accordance with the terms of the Financing Agreement and is ready for use and occupancy. “Annual Fees” means all of the Issuer’s expenses in carrying out and administering the Bonds issued pursuant to this Indenture and shall include, without limiting the generality of the foregoing, legal, accounting, management, consulting and banking services and expenses, fees and expenses of the Trustee and the Registrar and Paying Agent, costs of verifications required hereunder, and any other costs permitted under the Act, and rebates, if any, which in the opinion of Bond Counsel are required to be made under the Code in order to preserve or protect the exclusion from gross income for federal tax purposes of interest on the Bonds, all to the extent properly allocable to the Bonds. “Authorized Representative” means (i) with respect to the Issuer, the Mayor, the City Clerk, the City Controller or the Deputy City Controller (or such other officer as the Issuer shall notify the Corporation and the Trustee in writing as being an Authorized Representative, with evidence of such authority); and (ii) with respect to the Corporation, the Executive Director or the President of the Corporation (or such other officer as the Corporation shall notify the Issuer and the Trustee in writing as being an Authorized Representative, with evidence of such authority). “Bondholders” means registered owners of the Bonds. “Bonds” means any Bonds issued pursuant to this Indenture, including the Series 2022 Bonds and any Additional Bonds. “Bond Counsel” means Counsel that is nationally recognized in the area of municipal law selected by the Issuer. “Bond Fund” means the Bond Fund established by Section 4.2 of this Indenture. “Bond Ordinance” means Ordinance No. __________, adopted by the Common Council of the Issuer on [December ___,] 202[1], authorizing and approving the issuance and sale of the Series 2022 Bonds, pledging the Lease Rental Payments to the payment of the principal of and interest on the Series 2022 Bonds, and approving the forms of the Financing Agreement, this Indenture and related matters.