12-13-2021 FINAL Packet - Laserfiche WebLink

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7 “Indenture” means this Indenture as originally executed or as it may from time to time be amended or supplemented pursuant to Article IX. “Interest Payment Date” means, with respect to any Bonds, each February 1 and August 1, commencing _____________ 1, 202__. “Issuer” or “City” means the City of South Bend, Indiana, a municipal corporation organized and validly existing under the laws of the State. “Lease” means the Lease, dated as of December 1, 2021, among the Building Corporation, as lessor, and the Redevelopment Commission, as lessee, as supplemented and amended by an Addendum to Lease dated as of March ______, 2021, between the Building Corporation, as lessor, and the Redevelopment Commission, as lessee, and all amendments and supplements thereto. “Lease Rental Payments” means lease rental payments made by the Redevelopment Commission as a lessee under the Lease. “Leased Premises” means the Premises as such term is defined in the Lease. “Moody’s” shall mean Moody’s Investors Service, Inc., or any successor thereof which qualifies as a Rating Agency hereunder. “Net Proceeds” means the proceeds received from the sale of Series 2022 Bonds less any underwriting or other discount. “Opinion of Bond Counsel” means a written opinion of Bond Counsel which opinion is acceptable to the Issuer and the scope of which is set forth in the Section of this Indenture requiring the delivery of such opinion. “Paying Agent” shall mean any bank or trust company at which principal of the Bonds is payable, which initially is U.S. Bank National Association, in Indianapolis, Indiana. “Project” means the construction, renovation, equipping, furnishing and improving of the Potawatomi Zoo, located at 500 South Greenlawn Avenue within the City (the “Zoo”), including, without limitation, all or any portion of the following: (i) the renovation, construction and equipping of a new lion habitat to include a new rock façade, new fencing and a new visitor viewing area; (ii) the construction, equipping and furnishing a new concession and dining facility in the North American portion of the Zoo, permitting visitors to view a newly constructed black bear habitat which will permit the introduction of a new species for the Zoo; (iii) replacement of the existing corporate and family picnic area with a new covered pavilion along with a new kitchen area and new fencing, pathways and storage areas; (iv) renovation of the North American animal habitats to meet modern Zoo standards including without limitation the construction and equipping of a new holding barn in the center and the installation of new fencing and habitat esthetics; and (v) the construction and equipping of a new Tiger habitat to meet current accreditation standards for zoos which will include the construction of a new, modern habitat within a portion of Potawatomi Park land not currently being utilized by the Zoo. “Qualified Investments” shall mean any of the following to the extent permitted by law: (i) Government Obligations; (ii) other investments permitted by Indiana Code 5-3, as amended from