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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 />11 <br /> <br />commencing on the Semiannual Date immediately following the last day of the immediately <br />preceding BSBY Rate Period and continuing to, and including the calendar day immediately <br />preceding the Semiannual Date which follows such commencement date by a period equal to <br />such Nominal BSBY Rate Period; except that the first BSBY Rate Period after Conversion to a <br />BSBY Rate shall commence on the Conversion Date of such Conversion and end on and include <br />the calendar day immediately preceding the Semiannual Date which follows the Semiannual <br />Date occurring on or immediately preceding such Conversion Date by a period equal to such <br />Nominal BSBY Rate Period; provided, however that no BSBY Rate Period shall exceed the <br />maturity date of the Bonds. <br />“BSBY Screen Rate” means, for any day, BSBY as published as of the Reference Time on <br />the applicable Bloomberg screen page (or such other commercially available source providing <br />such quotations as may be designated by BSBY Rate Calculation Agent from time to time), <br />provided that if the BSBY Screen Rate for any Available Tenor is not published as of the Reference <br />Time and a Benchmark Replacement Date with respect to BSBY has not occurred, then the BSBY <br />Screen Rate for such Available Tenor as of such Reference Time shall be the BSBY Screen Rate <br />as published in respect of the first preceding Government Securities Business Day for which the <br />BSBY Screen Rate was published, so long as such first preceding Government Securities Business <br />Day is not more than three (3) Government Securities Business Days prior to such Reference Time. <br />“BSBY Website” means the “Bloomberg Short-Term Bank Yield Index” website at <br />https://www.bloomberg.com/professional/product/indices/bsby/ (or any successor website). <br />“Business Day” means any day other than a Saturday, Sunday or day on which banks in <br />New York City, New York are authorized or required by law to close. <br />“City” means the City of South Bend, Indiana, a political subdivision of the State. <br />“Closing Date” means, with respect to the Project Bonds, the date of delivery of and <br />payment for the Project Bonds. <br />“Conforming Changes” means, with respect to either the use or administration of the <br />Benchmark, or the use, administration, adoption or implementation of any Benchmark <br />Replacement, any technical, administrative or operational changes (including, for example and not <br />by way of limitation or prescription, changes to the definition of “Alternate Base Rate,” the <br />definition of “BSBY” or “BSBY Rate,” the definition of “Business Day,” the definition of “Interest <br />Period” or any similar or analogous definition, the definition of “Statutory Reserve Rate”, timing <br />and frequency of determining rates and making payments of interest, timing of borrowing requests <br />or prepayment, conversion or continuation notices, the applicability and length of lookback <br />periods, the applicability of the Section of the Bond Purchase and Covenant Agreement titled <br />“Compensation for Losses”2 and other technical, administrative or operational matters) that BSBY <br />Rate Calculation Agent decides may be appropriate in connection with the use or administration <br />of the Benchmark or to reflect the adoption and implementation of any Benchmark Replacement <br />or to permit the use and administration thereof by BSBY Rate Calculation Agent in a manner <br />substantially consistent with market practice (or, if BSBY Rate Calculation Agent decides that <br /> <br />2 NTD – This document to be amended and restated, and such provision included.
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