12-13-2021 FINAL Packet - Laserfiche WebLink

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5 “Building Corporation” means City of South Bend Building Corporation, an Indiana non- profit corporation, and its successors and assigns. “Business Day” means any day other than a Saturday, Sunday or other day on which commercial banks in the city in which the principal corporate trust office of the Trustee is located or in New York City are not open for business. “Clerk” means the Clerk of the Issuer. “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. “Common Council” means the Common Council of the Issuer. “Construction Fund” means the Construction Fund created and established pursuant to Section 4.2 of this Indenture. “Corporation” means Potawatomi Zoological Society, Inc., an Indiana non-profit corporation, and its successors and assigns under the Financing Agreement. “Costs of Issuance” means financial, legal, accounting, charges and expenses, and all other fees, charges and expenses incurred in connection with the authorization, sale, issuance and delivery of the Series 2022 Bonds, including, without limitation, the fees and expenses of the City, counsel to the City, bond counsel, counsel to Corporation, if any, the municipal advisor to the City, the Trustee, and any rating agency rating the Series 2022 Bonds. “Counsel” means an attorney duly admitted to practice law before the highest court of any state and approved by the Issuer. “Credit Provider” means the issuer of any Debt Service Reserve Fund Credit Facility and its successor in such capacity and their assigns. To qualify under this Indenture, the Credit Provider providing such Debt Service Reserve Fund Credit Facility shall be an insurer whose municipal bond insurance policies insuring the payment, when due, of the principal of and interest on municipal bond issues results in such issues being rated, at the time of issuance of such Debt Service Fund Credit Facility, in a Rating Category that is at least as high as the rating assigned to the Bonds (to which Debt Service Fund Credit Facility relates) by the Rating Agency or Rating Agencies then maintaining a rating on the Bonds. “Debt Service Reserve Fund” means the Debt Service Reserve Fund created and established pursuant to Section 4.2 of this Indenture. “Debt Service Reserve Fund Credit Facility” means any letter of credit, revolving credit agreement, surety bond, insurance policy or other agreement or instrument issued or provided by a Credit Provider, (i) which may be deposited in a reserve account in the Debt Service Reserve Fund in lieu of or in partial substitution for cash or Qualified Investments to be on deposit therein, and (ii) which shall be payable (upon the giving of notice as required thereunder) on any due date on which moneys will be required to be withdrawn from such reserve fund in which such Debt