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ARTICLE I. <br />DEFINITIONS AND EXHIBITS <br />Section L I. Terms Defined. As used in this Loan Agreement, the following terms shall <br />have the following meanings unless the context clearly otherwise requires: <br />"Act" means, collectively, Indiana Code 36-7-11.9, 12 and 14, as in effect on the date the <br />first series of the Series 2022 Note is funded. <br />"Allocation Area" means River West Development Area No. L <br />"Area" means the River West Development Area. <br />"Authorized Representative" means, with respect to the Borrower, Mark Tamer or any <br />other person certified by the President of the Borrower to be the Borrower's Authorized <br />Representative and, with respect to the City, the Executive Director of the Department of <br />Community Investment or any other person certified by the Mayor of the City to be the City's <br />Authorized Representative. <br />"Authorizing Resolution" means Resolution No. -_ adopted by the South Bend <br />Redevelopment Commission on October 13, 2022, authorizing the use of TIF Revenues on hand, <br />or to be on hand, to fund the Series 2022 Note. <br />"Borrower" means SBCC and IDM or any affiliates, successors and/or assigns thereto <br />permitted under Section 3.3 hereof. <br />"Business Day" means any day other than a Saturday, Sunday or holiday, on which <br />commercial banks in the City are open for conducting substantially all of their banking activities. <br />"City" means South Bend, Indiana, or any successor thereto or assign thereof. <br />"Commission" means the South Bend Economic Development Commission. <br />"Counsel" means an attorney duly admitted to practice law before the highest court of any <br />state, and, without limitation, may include legal counsel for either the City or the Borrower. <br />"Facilities" shall have the meaning set forth in the Project definition below. <br />"Loan" means the loan by the City to the Borrower. <br />"Note" or "Notes" means the Series 2022 Note, and any other note executed by the <br />Borrower in connection with the Series 2022 Note, and any notes issued in exchange therefor <br />pursuant (and subject) to Section 3.7 hereof. <br />"Note Counsel" means Ice Miller LLP or another a nationally recognized firm of municipal <br />bond attorneys acceptable to the City and the Borrower. <br />3 <br />4854-2813-5735.5 <br />