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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22 to the Letter of Credit and the Confirming Letter of Credit, if any, (d) any moneys and investments in the Project Fund, and (e) all income and profit from the investment of the foregoing moneys. “S&P” means Standard & Poor’s Ratings Services, a Division of The McGraw-Hill Companies, and its successors and assigns. “Second Amended and Restated Indenture” means the Second Amended and Restated Trust Indenture, dated January 3, 2012 between the Issuer and the Trustee. “Semiannual Date” means each January 1 and July 1, or, if any such day is not a Business Day, the immediately succeeding Business Day. “Semiannual Period” means a six month period commencing on a Semiannual Date and ending on and including the calendar day immediately preceding the next Semiannual Date. “SOFR” means a rate equal to the secured overnight financing rate published by the SOFR Administrator on the website of the SOFR Administrator, currently at http//www.newyorkfed.org (or any successor source for the secured overnight financing rate identified as such by SOFR Administrator from time to time). “SOFR Administrator” means the Federal Reserve Bank of New York (or a successor administrator of the secured overnight financing rate). “Special Record Date” means, with respect to any Bond, the date established by the Trustee in connection with the payment of overdue interest on that Bond pursuant to Section 3.05 hereof. “State” means the State of Indiana. “Statutory Reserve Rate” means a fraction (expressed as a decimal), the numerator of which is the number one and the denominator of which is the number one minus the aggregate of the maximum reserve percentages (including any basic, marginal, special, emergency, supplemental or other reserve requirements) expressed as a decimal that are prescribed by the Federal Reserve Board for determining the reserve requirements to which the BSBY Rate Calculation Agent is subject with respect to BSBY Loans. The Statutory Reserve Rate shall be adjusted automatically on and as of the effective date of any change in any reserve percentage. “Supplemental Credit Facility” means a credit facility, agreement or arrangement in addition to the Letter of Credit and the Confirming Letter of Credit, if any, including, without limitation, a bond insurance policy, collateral arrangement, surety bond, standby placement agreement or similar arrangement, the purpose of which is to enhance the credit of the Project Bonds in order to obtain or maintain a rating on the Project Bonds. “Supplemental Indenture” means any indenture supplemental to this Indenture entered into between the Issuer and the Trustee in accordance with Article VIII hereof.