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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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8/24/2023 3:30:14 PM
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8/23/2023 4:16:42 PM
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NOW THEREFORE,in consideration of the mutual covenants herein set forth, the Finance <br />Authority and the Participant agree as follows: <br />ARTICLE I <br />DEFINITIONS <br />Section 1.01. Definitions. The following terms shall, for all purposes of this Agreement, <br />have the following meaning: <br />Agency"shall mean the United States Environmental Protection Agency or its successor. <br />Asset Management Program" means programs, plans and documentation (including a <br />Fiscal Sustainability Plan) that demonstrates that the Participant has the financial, managerial, <br />technical, and legal capability to operate and maintain its Drinking Water System and which is <br />consistent with SRF Policy Guidelines including applicable requirements of the Drinking Water <br />SRF Act. <br />Authorizing Instrument(s)" shall mean the separate trust indenture(s)of the Participant <br />entered into with a corporate trustee or the detailed resolution(s) or ordinance(s)of the governing <br />body of the Participant pursuant to which the Bonds are issued in accordance with State law. <br />Authorized Representative" shall mean the Controller of the Participant or such other <br />officer, official, or representative of the Participant duly authorized to act for and on behalf of the <br />Participant as provided for herein. <br />Bond" or "Bonds" shall mean the instrument(s) which evidence(s) the Loan, as <br />authorized by the Authorizing Instrument and containing the terms set forth in Section 2.02 of this <br />Agreement. <br />Bond Fund" shall mean the separate and segregated fund or account established and <br />created by the Participant pursuant to the Authorizing Instrument from which payment of the <br />principal of and interest on the Bonds is required to be made by the Participant. <br />Business Day" shall mean any day other than a Saturday, Sunday or State legal holiday <br />or any other day on which financial institutions in the State are authorized by law to close and to <br />remain closed. <br />Code" shall mean the Internal Revenue Code of 1986, as amended and supplemented <br />from time to time,together with the regulations related thereto. <br />Commission" shall mean the Indiana Utility Regulatory Commission created under I.C. <br />8-1-1-2 or its successor. <br />B-2
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