1994-05-17 Resolution 91 - Laserfiche WebLink

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