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1994-05-17 Resolution 91
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1994-05-17 Resolution 91
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Official Statement and other documents to be used in connection with the public offering and sale <br />• of the Bonds, including qualifications under securities or "blue sky" laws referred to in Section 5(i) <br />hereof. The Issuer hereby confirms that the Preliminary Official Statement was deemed final as of <br />its date for purposes of Rule 15c2 -12 under the Securities Exchange Act of 1934 ( "Rule 15c2 -12 ") <br />except for the omission of no more than the information described in Section (b)(1) of Rule 15c2 -12. <br />The Representative agrees, in connection with the sale of Bonds by the Underwriters, that it will not <br />confirm the sale of any Bonds unless the confirmation of the sale is accompanied or preceded by <br />delivery of a copy of the Official Statement. <br />Section 4. Delivery of Documents. As soon as the Official Statement becomes available <br />after your acceptance of this offer, the Issuer shall deliver to the Representative <br />executed copies of the Official Statement, including a cover page, table of contents page and <br />appendices. The Issuer authorizes the Official Statement and the information therein contained to <br />be used by the Underwriters in connection with the public offering and sale of the Bonds. As soon <br />as reasonably possible after the date hereof and in any event within seven (7) business days, the <br />Issuer shall deliver to the Representative a sufficient number of copies of the Official Statement to <br />enable the Underwriters to comply with paragraph (b)(4) of Rule 15c2 -12 and the rules of the <br />Municipal Securities Rulemaking Board. Conformed copies may include such additions and <br />corrections as may be agreed upon by the Representative and the Issuer and as shall be consistent <br />with the terms and conditions of the sale of the Bonds as set forth herein. <br />Section 5. Representations Warranties and Agreements. The Issuer hereby represents, <br />warrants and agrees as follows: <br />• a The Issuer is a body corporate and politic, separate from the City, and an <br />instrumentality of the City, organized and existing under Indiana Code 36 -7 -14.5, as <br />amended; <br />(b) The South Bend Redevelopment Commission (the "Commission ") is the <br />governing body of the South Bend Redevelopment District (the "Redevelopment District "), <br />which is a special taxing district organized and existing under Indiana Code 36 -7 -14, as <br />amended; <br />(c) The Issuer and the Commission have complied with, or will at the Closing (as <br />hereinafter defined) be in compliance with Indiana Code 5 -1 -5, as amended, Indiana Code <br />36 -7 -14, as amended, and Indiana Code 36 -7 -14.5, as amended (collectively, the "Act "), the <br />Bonds, the Trust Agreement, dated as of May 15, 1994 (the "Trust Agreement "), between <br />the Issuer and Norwest Bank Indiana, N.A., South Bend, Indiana, as trustee, the Lease, <br />dated November 1, 1993 (the "Lease "), between the Issuer, as lessor, and the Commission, <br />as lessee, this Contract, the Official Statement and all resolutions adopted by the Issuer or <br />the Commission in connection with the Bonds (the "Resolutions "); <br />(d) The Issuer and the Commission have complied with all laws relating to the <br />execution, delivery and performance of the Lease and the issuance and sale of the Bonds; <br />(e) (i) The Issuer has full legal right, power and authority to (A) adopt the <br />• Resolutions adopted by it, (B) approve and deliver the Preliminary Official Statement, (C) <br />execute and deliver this Contract, the Trust Agreement, the Lease and the Official Statement, <br />-2- <br />
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