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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 />49 <br /> <br />principal amount redeemed plus interest accrued to the redemption date, on each January 1, <br />April 1, July 1 or October 1, commencing on the January 1, April 1, July 1, or October 1 <br />immediately succeeding the conversion to the Fixed Interest Rate, in the principal amounts <br />(if any) set forth in the Reimbursement Agreement. The mandatory sinking fund <br />redemption requirements shall apply for the remaining term for which the Bonds would be <br />outstanding if the Bonds bear interest at the Fixed Interest Rate. <br />The aggregate of the Loan Payments specified in Section 4.01 of the Agreement, which are <br />to be deposited in the Bond Fund on each Loan Payment Date, as defined in the Agreement, shall <br />include amounts sufficient to redeem the principal amount of Bonds subject to mandatory <br />redemption pursuant to mandatory sinking fund requirements (less the amount of any credit as <br />provided below). <br />The Issuer, or the Borrower on behalf of the Issuer, shall have the option to deliver to the <br />Trustee for cancellation Bonds in any aggregate principal amount and to receive a credit against <br />the then current mandatory sinking fund requirement (and corresponding mandatory redemption <br />obligation) of the Issuer. That option shall be exercised by the Issuer, or the Borrower on behalf <br />of the Issuer, on or before the 45th day preceding the applicable mandatory sinking fund <br />redemption date, by furnishing the Trustee a certificate, executed by the Issuer, or the Borrower <br />on behalf of the Issuer, setting forth the extent of the credit to be applied with respect to the then <br />current mandatory sinking fund requirements, and the Bonds to be so credited. If the certificate <br />and the Bonds to be credited are not timely furnished to the Trustee, the mandatory sinking fund <br />requirement (and corresponding mandatory redemption obligation) shall not be reduced. With the <br />prior written consent of the Bank and the Confirming Bank, if any, credit against the then current <br />mandatory sinking fund requirement (and corresponding mandatory redemption obligation) also <br />shall be received by the Issuer for any Bonds which prior thereto have been redeemed (other than <br />through the operation of the mandatory sinking fund requirements) or purchased for cancellation <br />and canceled by the Trustee, to the extent not applied theretofore as a credit against any redemption <br />obligation. <br />Except as otherwise provided in the preceding paragraph, each Bond previously redeemed <br />or purchased and canceled, shall be credited by the Trustee at 100% of the principal amount thereof <br />against the mandatory sinking fund requirements (and corresponding mandatory redemption <br />obligations) in inverse order of the maturity of the mandatory sinking fund requirements. <br />Use of Certain Funds to Redeem Project Bonds. Except as provided in Section 9.02 hereof, <br />the Trustee shall pay the redemption price on all Project Bonds redeemed under this Section 4.01 <br />in the same manner and from the same sources as provided in Section 5.03 hereof for the payment <br />of Bond Service Charges. <br />Section 4.02. Partial Redemption. If fewer than all of the outstanding Bonds of a series <br />that are stated to mature on different dates are called for redemption at one time, those Bonds <br />which are called shall be called in inverse order of the maturities of the Bonds of that series to be <br />redeemed. If fewer than all of the Bonds of a single maturity are to be redeemed, the selection of <br />Bonds to be redeemed, or portions thereof, in amounts equal to $5,000 or any integral multiple <br />thereof shall be made by lot by the Trustee in any manner which the Trustee may determine; <br />provided that (1) the Trustee shall select Project Bonds for redemption so as to assure that after
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