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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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Authority those Loan disbursements it represents to be its GPR Projects Expenditures when <br />and as required by SRF Policy Guidelines. The Participant understands and acknowledges <br />that it is required to submit a business case or categorical exclusion documenting GPR <br />Projects prior to loan closing or if a request is made pursuant to Section 3.02(f) of this <br />Agreement. <br />C. The following additional terms in this Paragraph C related to LLR Projects (and the related <br />defined terms) are[NOT]applicable to the Loan. <br />LLR Projects" shall mean Project components that meet the requirement of the <br />Lead Line Replacement (LLR) Incentive Program" consistent with SRF Policy Guidelines <br />including applicable requirements of the Drinking Water SRF Act. <br />LLR Projects Adjustment Fee"shall mean an amount which would equal the gross <br />additional interest that would have accrued on the Bonds from the date of this Agreement <br />through their scheduled final maturity, had such Bonds been issued at an interest rate <br />determined under the Drinking Water SRF Program's interest rate policies and practices using <br />the final, actual LLR Projects Expenditures (rather than the amount referenced in the <br />Participant's related post-bid and other documents submitted to the Finance Authority),all as <br />determined by the Finance Authority. <br />LLR Projects Expenditures" shall mean those costs and expenses incurred by the <br />Participant that are part of the Project which are LLR Projects in nature (within the meaning <br />of the Drinking Water SRF Act) as determined by the Finance Authority, in order for the <br />Bonds to receive special interest rate treatment under the Drinking Water SRF Program's <br />interest rate policies and practices. <br />The Participant understands and acknowledges that a special interest rate has been applied to <br />the Bonds as a result of a portion of the Project having been identified by the Participant as <br />being a LLR Projects project. In the event LLR Projects Expenditures are hereafter <br />determined by the Finance Authority to be less than the amount referenced in the Participant's <br />related post-bid and other documents submitted to the Finance Authority, then the Finance <br />Authority may request and the Participant shall promptly pay (no later than thirty (30) days <br />after any request), a LLR Projects Adjustment Fee in connection with the Loan. The <br />Participant shall certify to the Finance Authority those Loan disbursements it represents to be <br />its LLR Projects Expenditures when and as required by SRF Policy Guidelines. <br />End of Exhibit D] <br />Filed in Clerk's Office <br />DMS 21914200v4 AUGU 9 [ail <br />DAWN M.JONES <br />CITY CLERK,SOUTH BEND,IN <br />D-- 3 -
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