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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21 “Principal corporate trust office” or “principal office” when referring to the office of the Trustee shall mean the designated corporate trust office or office of the Trustee. “Project Bonds” means the Variable Rate Demand Economic Development Revenue Bonds, Series 2007 (PEI/Genesis Project), dated as of their date of issuance, and as the same may be reissued from time to time, and authorized in the Bond Legislation and Section 2.02 hereof. “Project Fund” means the Project Fund created pursuant to Section 5.01 hereof. “Project Note” means the promissory note of the Original Borrower, dated as of even date with the date of issuance of the Project Bonds, in the form attached to the Agreement as Exhibit C and in the maximum aggregate principal amount of $8,105,000, evidencing the obligation of the Original Borrower to make Loan Payments, as amended and restated by that certain Third Amended and Restated Project Noted, dated the date hereof, in the maximum aggregate principal amount of $ , by Borrower in favor of the Trustee, and as the same may be further amended, modified, supplemented, extended and/or restated from time to time. “Rating Service” means either Moody’s or S & P. “Reference Time” with respect to any setting of the then-current Benchmark means (1) if such Benchmark is BSBY, 8:00 a.m. (New York City time) on the day that is two (2) Government Securities Business Days preceding the date of such setting, and (2) if such Benchmark is not BSBY, the time determined by BSBY Rate Calculation Agent in its reasonable discretion. “Register” means the books kept and maintained by the Trustee for the registration and transfer of Bonds pursuant to Section 3.06 hereof. “Regular Record Date” means, with respect to any Bond, the Business Day next preceding an Interest Payment Date applicable to that Bond. “Reimbursement Agreement” means the reimbursement or similar agreement relating to any Letter of Credit or Alternate Letter of Credit, entered into between the Borrower and the issuer of such Letter of Credit or Alternate Letter of Credit. “Relevant Governmental Body” means the Federal Reserve Board or the Federal Reserve Bank of New York, or a committee officially endorsed or convened by the Federal Reserve Board or the Federal Reserve Bank of New York, or any successor thereto. “Remarketing Agent” means any Person meeting the qualifications of Section 6.14 hereof and designated from time to time to act as Remarketing Agent under Section 6.13 hereof. “Remarketing Reimbursement Fund” means the Remarketing Reimbursement Fund created in Section 5.04 hereof. “Revenues” means (a) the Loan Payments, (b) all of the moneys received or to be received by the Issuer or the Trustee in respect of repayment of the Loan, (c) all moneys and investments in the Bond Fund, including without limitation moneys received by the Trustee under or pursuant