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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84 the Project Bonds is the Fixed Interest Rate) on, the Project Bonds computed at the Maximum Rate, and the Bank will have rescinded and annulled any Event of Default under the Reimbursement Agreement. Notwithstanding the foregoing, if the Trustee has drawn on the Confirming Letter of Credit, prior to waiving any Event of Default the Trustee shall have received written confirmation from the Confirming Bank that the Confirming Letter of Credit has been reinstated to an amount not less than 100% of the outstanding principal of, plus 110 days’ interest (or 200 days’ interest if the Interest Rate Mode on the Project Bonds is the Fixed Interest Rate) on, the Project Bonds computed at the Maximum Rate, and the Confirming Bank will have rescinded and annulled any Event of Default under the Confirming Bank Reimbursement Agreement. There shall not be so waived, however, any Event of Default described in paragraphs (a), (b), (c), (g), (h), (j) or (k) of Section 7.01 hereof or any declaration of acceleration in connection therewith rescinded or annulled, except with the written consent of the Holders of all Bonds then outstanding and of the Bank and the Confirming Bank, if any (with respect to (a), (b) or (c) only). In the case of the waiver or rescission and annulment, or in case any suit, action or proceedings taken by the Trustee on account of any Event of Default shall have been discontinued, abandoned or determined adversely to it, the Issuer, the Trustee, the Bank, the Confirming Bank, if any, and the Holders shall be restored to their former positions and rights hereunder, respectively. No waiver or rescission shall extend to any subsequent or other Event of Default or impair any right consequent thereon. END OF ARTICLE VII ARTICLE VIII SUPPLEMENTAL INDENTURES Section 8.01. Supplemental Indentures Generally.The Issuer and the Trustee may enter into indentures supplemental to this Indenture, as provided in this Article and pursuant to the other provisions therefor in this Indenture. Section 8.02. Supplemental Indentures Not Requiring Consent of Holders.Without the consent of, or (except as otherwise provided in Section 8.04 hereof) notice to, any of the Holders, the Issuer and the Trustee, but with the prior written consent of the Initial BSBY Rate Bond Purchaser, if any, the Bank, if any, the Confirming Bank, if any, and the Borrower, may enter into indentures supplemental to this Indenture which shall not, in the opinion of the Issuer and the Trustee, be inconsistent with the terms and provisions hereof for any one or more of the following purposes: (a) To cure any ambiguity, inconsistency or formal defect or omission in this Indenture; (b) To grant to or confer upon the Trustee for the benefit of the Holders any additional rights, remedies, powers or authority that lawfully may be granted to or conferred upon the Holders or the Trustee, but only with the Trustee’s written consent; (c) To assign additional revenues under this Indenture;