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Bill No. 20-22 Amending Bond Ordinance_City of South Bend, Indiana Variable Rate Economic Development Revenue Bonds, Series 2007 (PEI_Genesis Project)
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Bill No. 20-22 Amending Bond Ordinance_City of South Bend, Indiana Variable Rate Economic Development Revenue Bonds, Series 2007 (PEI_Genesis Project)
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5/5/2022 3:20:12 PM
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5/4/2022 5:05:05 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
5/9/2022
Bill Number
20-22
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3 <br /> <br />on or about , 2022, and duly approved by the Mayor of the Issuer, the Issuer duly <br />and validly authorized and approved the execution and delivery of the Third Amended and <br />Restated Trust Indenture and this Third Amended and Restated Agreement; <br />NOW, THEREFORE, in consideration of the premises and the mutual covenants <br />herein contained, the parties hereto covenant, agree and bind themselves as follows (provided <br />that any obligation of the Issuer created by or arising out of this Agreement shall not be a general <br />debt on its part but shall be payable solely out of the Revenues, as defined in the Indenture): <br />ARTICLE I <br /> <br />DEFINITIONS <br />Section 1.1. Use of Defined Terms. Words and terms defined in the Indenture shall <br />have the same meanings when used herein, unless the context or use clearly indicates another <br />meaning or intent. In addition, the words and terms set forth in Section 1.2 hereof shall have <br />the meanings set forth therein unless the context or use clearly indicates another meaning or <br />intent. <br />Section 1.2. Definitions. As used herein: <br />“Additional Payments” means the amounts required to be paid by the Borrower <br />pursuant to the provisions of Section 4.2 hereof. <br />“Agreement” or “Third Amended and Restated Agreement” means the Third Amended <br />and Restated Loan Agreement dated as of even date with this Indenture, between the Issuer <br />and the Borrower, as amended or supplemented from time to time. <br />“Amended and Restated Bond Purchase and Covenant Agreement” means that certain <br />Amended and Restated Bond Purchase and Covenant Agreement between Borrower and <br />Citizens Bank, N.A., a successor by merger to Citizens Bank of Pennsylvania dated as of May <br /> , 2022. <br />“Amended and Restated Indenture” means that certain Amended and Restated Trust <br />Indenture, dated October 1, 2009 between the Issuer and the Trustee. <br />“Amended and Restated Note” means, the promissory note of the Borrower, dated <br />as of October 22, 2009. <br />“Bond Purchase and Covenant Agreement” means the Bond Purchase and <br />Covenant Agreement dated as of January 3, 2012, between the Borrower and the Initial <br />BSBY Rate Bond Purchaser. <br />“Bonds” means the Project Bonds and any Additional Bonds. <br />“Borrower” means Tuliptree Associates LLC.
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