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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14 Authorized Borrower Representative, with the prior written consent of the Bank, if any, and the Initial BSBY Rate Bond Purchaser, promptly shall be: (i) used to acquire, construct, renovate, equip and install such additional real or personal property in connection with the Project, as is designated by the Authorized Borrower Representative and approved by the Bank, if any, and the Initial BSBY Rate Bond Purchaser, and the acquisition, renovation, construction, equipping and installation of which will be permitted under the Act, provided that any such use shall be accompanied by an opinion of Bond Counsel to the effect that the acquisition of such additional property will not result in the interest on the Project Bonds becoming subject to federal income taxation; (ii) used to reimburse the Bank, if any, for draws on the Letter of Credit, if any, to redeem Project Bonds in accordance with the terms of the Indenture; (iii) used for the purchase of Project Bonds in the open market for the purpose of cancellation; or (iv) used to accomplish a combination of the foregoing as is provided in that direction. In all cases, such moneys shall be so used or applied only to the extent that, as stated in an opinion of Bond Counsel delivered to the Trustee, such use or application will not adversely affect the exclusion of the interest on the Project Bonds from gross income for federal income tax purposes. In the event that all of the Bonds are either redeemed or accelerated pursuant to the terms of the Indenture, any remaining funds in the Project Fund shall be transferred to the Bond Fund. Section 3.5. Borrower Required to Pay Costs in Event Project Funds Insufficient. If moneys in the Project Funds are not sufficient to pay all costs of the Project payable therefrom, the Borrower, nonetheless, will complete the Project in accordance with the Plans and Specifications, unless the Bank, if any, and the Initial BSBY Rate Bond Purchaser, consents otherwise, and, unless Additional Bonds shall have been issued for those purposes, shall pay all such additional costs of the Project from the Borrower’s own funds. The Borrower shall not be entitled to any reimbursement for any such additional costs of the Project from the Issuer, the Trustee or any Holder; nor shall it be entitled to any abatement, diminution or postponement of its obligation to make the Loan Payments. Section 3.6. Completion Date. The Borrower shall notify the Issuer, the Bank, if any, and the Initial BSBY Rate Bond Purchaser, and the Trustee of the Completion Date by a certificate signed by the Authorized Borrower Representative stating: (a) the date on which the Project was substantially completed, which date shall be not later than three years after initial delivery of the Project Bonds or such later (or earlier) date as has been approved in writing by the Bank, if any, and the Initial BSBY Rate Bond