<br />24
<br />
<br />interest rate then in effect with respect to the applicable Project Bonds, without adjustment;
<br />provided that in no event shall the Weekly Interest Rate exceed the Maximum Rate.
<br />Section 1.02. Interpretation.Any reference herein to the Issuer or to any officer, employee
<br />or official thereof includes entities, officers, employees or officials succeeding to their respective
<br />functions, duties or responsibilities pursuant to or by operation of law or who are lawfully
<br />performing their functions.
<br />Any reference to a section or provision of the State Constitution or the Act, or to a section,
<br />provision or chapter of the Indiana Code, or to any statute of the United States of America, includes
<br />that section, provision or chapter as amended, modified, revised, supplemented or superseded from
<br />time to time; provided, that no amendment, modification, revision, supplement or superseding
<br />section, provision or chapter shall be applicable solely by reason of this paragraph, if it constitutes
<br />in any way an impairment of rights or obligations of the Issuer, the Holders, the Trustee, the Bank,
<br />the Confirming Bank, the Remarketing Agent, the Initial BSBY Rate Bond Purchaser or the
<br />Borrower under this Indenture, the Bond Ordinance, the Bonds, the Letter of Credit, and the
<br />Confirming Letter of Credit, if any, the Reimbursement Agreement, the Bond Purchase
<br />Agreement, the Notes or any other instrument or document entered into in connection with any of
<br />the foregoing, including without limitation, any alteration of the obligation to pay Bond Service
<br />Charges in the amount and manner, at the times and from the sources provided in the Bond
<br />Ordinance and this Indenture, except as permitted herein.
<br />Unless the context indicates otherwise, words importing the singular number include the
<br />plural number and vice versa. The terms “hereof”, “hereby”, “herein”, “hereto”, “hereunder”,
<br />“hereinafter” and similar terms refer to this Indenture, and the term “hereafter” means after, and
<br />the term “heretofore” means before, the date of delivery of this Indenture. Words of any gender
<br />include the correlative words of the other genders, unless the sense indicates otherwise.
<br />Section 1.03. Captions and HeadingsThe captions and headings in this Indenture are
<br />solely for convenience of reference and in no way define, limit or describe t he scope or intent of
<br />any Articles, Sections, subsections, paragraphs, subparagraphs or clauses hereof.
<br />
<br />END OF ARTICLE I
<br />ARTICLE II
<br />AUTHORIZATION AND TERMS OF PROJECT BONDS; ADDITIONAL BONDS
<br />Section 2.01. Authorized Amount of Bonds.No Bonds may be issued under the provisions
<br />of this Indenture except in accordance with this Article. The total maximum authorized principal
<br />amount of Project Bonds which shall be issued under the provisions of this Indenture is
<br />$8,105,000. The Issuer may issue, sell and deliver one or more series of Additional Bonds for the
<br />purposes, upon satisfaction of the conditions and in the manner provided herein.
<br />
<br />Section 2.02. Issuance of Project Bonds. It is determined to be necessary to, and the
<br />Issuer shall issue, sell and deliver up to $8,105,000 principal amount of Project Bonds to provide
<br />funds to finance costs of the Project. The Project Bonds shall be designated “Variable Rate
|