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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6 “Plans and Specifications” means the Borrower’s plans and specifications for the acquisition, construction and installation of the Project, as amended from time to time. “Project” means the real and personal property, including undivided interests or other interests therein, identified in Exhibit A attached hereto as a part hereof, or acquired, constructed or installed as a replacement or substitution therefore or an addition thereto, or as may result from any revision thereof in accordance with the provisions of this Agreement. “Project Bonds” means the Variable Rate Demand Economic Development Revenue Bonds, Series 2007 (PEI/Genesis Project), issued by the Issuer in the aggregate principal amount of $8,105,000 pursuant to the Indenture, as reissued in the aggregate principal amount of , pursuant to the Second Amended and Restated Indenture. “Project Note” means, the promissory note of the Borrower, dated as of even date with the date of issuance of the Project Bonds, as amended and restated by the Amended and Restated Note, as Amended and Restated by the Second Amended and Restated Note and as Amended and Restated by the Third Amended and Restated Note. “Project Site” means the real estate and interests in real estate constituting the site of the Project, as described in Exhibit B attached hereto as a part hereof. “Second Amended and Restated Indenture” means this Second Amended and Restated Trust Indenture, dated January 3, 2012 between the Issuer and the Trustee. “Second Amended and Restated Note” means, the promissory note of the Borrower, dated as of January 3, 2012. “Tax Certificate” means the Tax and Arbitrage Certificate of the Borrower delivered in connection with the initial issuance and delivery of the Project Bonds, as supplemented .and amended by the Supplemental Tax Certificate, dated October 22, 2009, as supplemented .and amended by the Second Supplemental Tax Certificate, dated January 3, 2012. “Third Amended and Restated Indenture” means this Second Amended and Restated Trust Indenture, dated May , 2022, between the Issuer and the Trustee. “Third Amended and Restated Note” means, the promissory note of the Borrower, dated as of May , 2022, in the form attached hereto as Exhibit C, evidencing the obligation of the Borrower to make Loan Payments. “Trustee” means the Trustee at the time acting as such under the Indenture, originally U.S. Bank National Association, as Trustee, and any successor Trustee as determined or designated under or pursuant to the Indenture. “Unassigned Issuer’s Rights” means all of the rights of the Issuer to receive Additional Payments under Section 4.2 hereof, to be held harmless and indemnified under Section 5.3 hereof, to be reimbursed for attorney’s fees and expenses under Section 7.4 hereof, to have none of its members, officers or employees subject to personal liability hereunder under Section 8.3 hereof, to have the obligations hereunder be special and limited obligations of the Issuer under Section