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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16 and Restated Agreement, the Issuer has made the Loan to the Borrower. In consideration of and in repayment of the Loan, the Borrower shall make, as Loan Payments, payments sufficient in time and amount to pay when due all Bond Service Charges, all as more particularly provided in the Project Note and any Additional Note. The Original Project Note was executed and delivered by the Borrower concurrently with the execution and delivery of the Original Agreement, the Amended and Restated Note was executed and delivered by the Borrower concurrently with the execution and delivery of the First Amended and Restated Agreement and the Second Amended and Restated Note was executed and delivered by the Borrower concurrently with the execution of the Second Amended and Restated Agreement. The Third Amended and Restated Note shall be executed and delivered concurrently with the execution and delivery of this Agreement. All Loan Payments shall be paid to the Trustee (or to the Initial BSBY Rate Bond Purchaser as set forth in Section 4.3) in accordance with the terms of the Notes for the account of the Issuer and shall be held and applied in accordance with the provisions of the Original Indenture as supplemented and amended by the Amended and Restated Indenture, as supplemented and amended by the Second Amended and Restated Indenture, as supplemented and amended by the Third Amended and Restated Indenture and the Original Agreement as supplemented and amended by the First Amended and Restated Agreement, as supplemented and amended by the Second Amended and Restated Agreement and as supplemented and amended by this Third Amended and Restated Agreement. To the extent of payments made with respect to Bond Service Charges pursuant to draws upon the Letter of Credit, the Borrower shall receive a credit against its obligation to make Loan Payments under this Agreement and the Project Note. In connection with the issuance of any series of Additional Bonds permitted by the Bank, if any, the Confirming Bank, if any, and the Initial BSBY Rate Bond Purchaser, the Borrower shall execute and deliver to the Trustee an Additional Note in a form substantially similar to the form of the Project Note. All such Additional Notes shall: (a) provide for payments of interest equal to the payments of interest on the corresponding Additional Bonds; (b) require payments of principal and prepayments and any premium equal to the payments of principal, redemption payments, sinking fund payments and any premium on the corresponding Additional Bonds; (c) require all payments on any such Additional Notes to be made no later than the due dates for the corresponding payments to be made on the corresponding Additional Bonds; and (d) contain by reference or otherwise optional and mandatory prepayment provisions and provisions in respect of the optional and mandatory acceleration or prepayment of principal and any premium corresponding with the redemption and acceleration provisions of the corresponding Additional Bonds. All Notes shall secure equally and ratably all outstanding Bonds, except that, so long as no Event of Default described in paragraph (a), (b), (c), (g) or (h) of Section ·7.01 of the Indenture has occurred and is continuing, payments by the Borrower on the Project Note shall be used by the Trustee to reimburse the Bank, if any, for drawings on the Letter of Credit, if any, or the