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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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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
5/9/2022
Bill Number
20-22
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<br />45 <br /> <br />payable by the Issuer to the Person who was the Holder of that Bond (or of one or more Predecessor <br />Bonds) as of the applicable Regular Record Date. When moneys become available for payment <br />of the interest, (a) the Trustee shall, pursuant to Section 7.06(d) hereof, establish a Special Record <br />Date for the payment of that interest which shall be not more than 15 nor fewer than 10 days prior <br />to the date of the proposed payment, and (b) the Trustee shall cause notice of the proposed payment <br />and of the Special Record Date to be mailed by first-class mail, postage prepaid, to such Holder at <br />its address as it appears on the Register no fewer than 10 days prior to the Special Record Date <br />and, thereafter, the interest shall be payable to the Persons who are the Holders of such Bonds (or <br />their respective Predecessor Bonds) at the close of business on the Special Record Date. Bond <br />Service Charges shall be payable in lawful money of the United States of America, without <br />deduction for the services of the Trustee or any co-Trustee. <br /> <br />Notwithstanding anything herein to the contrary, when any Bond is registered in the <br />name of a Depository or its nominee, the principal and redemption price of and interest on such <br />Bond shall be payable in next day or federal funds delivered or transmitted to the Depository or <br />its nominee. <br />Subject to the foregoing, each Bond delivered under this Indenture upon transfer thereof, <br />or in exchange for or in replacement of any other Bond, shall carry the rights to interest accrued <br />and unpaid, and to accrue on that Bond, or which were carried by that Bond. <br />Except as provided in (a) Sections 2.02, 2.04, 2.05, 2.06, 2.07, 6.15 and 6.16 with respect <br />to Beneficial Ownership Interests, and (b) this Section 3.05 and the first paragraph of Section <br />3.07 hereof, (x) the Holder of any Bond shall be deemed and regarded as the absolute owner <br />thereof for all purposes of this Indenture, (y) payment of or on account of the Bond Service <br />Charges on any Bond shall be made only to or upon the order of that Holder or its duly <br />authorized attorney in the manner permitted by this Indenture, and (z) neither the Issuer nor the <br />Trustee shall, to the extent permitted by law, be affected by notice to the contrary. All of those <br />payments shall be valid and effective to satisfy and discharge the liability upon that Bond, <br />including without limitation, the interest thereon, to the extent of the amount or amounts so paid. <br />Section 3.06. Transfer and Exchange of Bonds.So long as any of the Bonds remain <br />outstanding, the Issuer will cause books for the registration and transfer of Bonds, as provided in <br />this Indenture, to be maintained and kept at the designated office of the Trustee. <br />Subject to the provisions of Section 2.02 hereof, unless otherwise provided in the <br />applicable Bond Ordinance or Supplemental Indenture, Bonds may be exchanged, at the option <br />of their Holder, for Bonds of the same series and of any authorized denomination or <br />denominations in an aggregate principal amount equal to the unmatured and unredeemed <br />principal amount of, and bearing interest at the same rate and maturing on the same date or dates <br />as, the Bonds being exchanged. The exchange shall be made upon presentation and surrender of <br />the Bonds being exchanged at the designated office of the Trustee, together with an assignment <br />duly executed by the Holder or its duly authorized attorney in any form which shall be <br />satisfactory to the Trustee. <br />Subject to the provisions of Section 2.02 hereof, any Bond may be transferred upon the <br />Register, upon presentation and surrender thereof at the designated office of the Trustee together <br />with an assignment duly executed by the Holder or its duly authorized attorney in any form
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