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f i -d in Clen<'s 7ice <br /> FAPR � n 2022 A;PR I ? 20 <br /> DAI <br /> CITY CLi= the dollat?30pea a funding rate known as `BSBY" (the Bloomberg hort- yank Yield <br /> Index), and(15i)-w—ith the approval of the holder of the Bonds, a Third Ame __ <br /> tated Loan-ND, IN i <br /> ----__ <br /> Agreement (the "Third Amended and Restated Agreement') with Tuliptree to provide for the <br /> removal of PEI as a borrower thereunder and for Tuliptree to be the sole remaining borrower <br /> thereunder. <br /> The Common Council conducted a public hearing on May 9, 2022, on the proposed <br /> execution and delivery of the Third Amended and Restated Indenture and the Third Amended and <br /> Restated Agreement, and, believes that such proposed matters will be of benefit to the health or <br /> general welfare of the citizens of South Bend, Indiana and complies with the purposes and <br /> provisions of the Act. <br /> The Common Council wishes to amend, supplement and restate (i) that certain Second <br /> Amended and Restated Trust Indenture, dated January 3, 2012,between the City and the Trustee, <br /> as set forth in the Third Amended and Restated Indenture, and (ii) that certain Second Amended <br /> and Restated Loan Agreement, dated January 3, 2012, between the City and the Borrower, as set <br /> forth in the Third Amended and Restated Agreement. <br /> NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE <br /> CITY OF SOUTH BEND, INDIANA AS FOLLOWS: <br /> SECTION I. Incorporation of Recitals. The recitals contained in this Ordinance <br /> and in the Earlier Ordinances are true and correct and are incorporated in this Ordinance by this <br /> reference. <br /> SECTION II. Incorporation of Previous Findings. Each of the findings which are <br /> contained in the Earlier Ordinances is true and correct and is incorporated in this Ordinance by <br /> this reference. <br /> SECTION III. Findings; Public Benefits. This Council finds that the execution and <br /> delivery of the Third Amended and Restated Indenture and the Third Amended and Restated <br /> Agreement (i) will be of benefit to the health and general welfare of the City and its citizens, and <br /> (ii) complies with the purposes and provisions of the Act. <br /> SECTION IV. Authorizations. The Council hereby authorizes the execution and <br /> delivery of the Third Amended and Restated Indenture and the Third Amended and Restated <br /> Agreement. <br /> SECTION V. Approval of the Third Amended and Restated Indenture and the <br /> Third Amended and Restated Agreement. The Third Amended and Restated Indenture and the <br /> Third Amended and Restated Agreement are hereby approved in the forms submitted to this <br /> meeting,and a copy of each such document shall be kept on file by the City Clerk(the"Clerk"). <br /> The Mayor(the"Executive")and the Clerk are hereby authorized and directed to execute and <br /> deliver such documents without further approval of the Council in substantially the forms <br /> herein approved with such additions, deletions and modifications thereto as may be <br /> approved by the Executive and the Clerk, as permitted under the Act, the execution thereof <br /> being conclusive evidence of such approval and of the approval of the Council; and the Clerk, <br /> or any authorized representative of the City, is hereby authorized and directed to affix the <br /> 2 <br />