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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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<br /> <br />Exhibit D <br />STATEMENT NO. _REQUESTING DISBURSEMENT OF FUNDS FROM <br />PROJECT FUND PURSUANT TO SECTION 3.4 OF THE <br />THIRD AMENDED AND RESTATED LOAN AGREEMENT AMONG THE CITY OF <br />SOUTH BEND, INDIANA, PEI/GENESIS, INC. AND TULIPTREE ASSOCIATES <br />LLC <br />Pursuant to Section 3.4 of the Third Amended and Restated Loan Agreement (the <br />“Agreement”) among the City of South Bend, Indiana (the “Issuer”) and Tuliptree Associates LLC <br />(the “Borrower”), dated as of May , 2022, the undersigned Authorized Borrower <br />Representative hereby requests and authorizes U.S. Bank National Association, as trustee (the <br />“Trustee”), as depository of the Project Fund created by the Indenture, as defined in the <br />Agreement, to pay to the Borrower or to the person(s) listed on the Disbursement Schedule <br />attached hereto out of the moneys on deposit in the Project Fund the aggregate sum of <br />$8,105,000, to pay such person(s) or to reimburse the B orrower in full, as indicated in the <br />Disbursement Schedule, for advances, payments and expenditures made by it in connection with <br />the items listed in the Disbursement Schedule. <br />In connection with the foregoing request and authorization, the undersigned hereby <br />certifies that: <br />(a) Each item for which disbursement is requested hereunder is properly <br />payable out of the Project Fund in accordance with the terms and conditions of the Agreement and <br />none of those items has formed the basis for any disbursement heretofore made from the Project <br />Fund; <br />(b) Each such item is or was necessary in connection with the acquisition, <br />construction or installation of the property comprising the Project, as defined in the <br />Agreement; <br />(c) This statement and all exhibits hereto, including the Disbursement <br />Schedule, shall be conclusive evidence of the facts and statements set forth herein and shall <br />constitute full warrant, protection and authority to the Trustee for its actions taken pursuant hereto; <br />(d) This statement constitutes the approval of the Borrower of each <br />disbursement hereby requested and authorized; and <br />(e) Each item for which disbursement is requested hereunder, and the cost for <br />each such item, is as described in the Tax Certificate; provided, that if any such item is not as <br />described in that Tax Certificate, attached hereto is a computation evidencing that the average <br />reasonably expected economic life of the facilities which have been and will be paid for with <br />moneys in the Project Fund is not less than 5/6ths of the average maturity of the Project Bonds.
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