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Authorizing $1,550.000 Economic Development Technologies Corp Project
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Authorizing $1,550.000 Economic Development Technologies Corp Project
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3/28/2013 3:41:04 PM
Creation date
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
12/3/1984
Ord-Res Number
7405-84
Bill Number
126-84
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acquisition of certain machinery, equipment and related property <br />to be installed therein (the "Project ") to be used as a computer <br />facility and to be located in the City of South Bend, Indiana, <br />and paying expenses incidental thereto and to the issuance of <br />this Bond, to the end that the Issuer may be able to increase <br />employment opportunities and retain jobs in the State of <br />Indiana. The proceeds of this Bond will be used by the Issuer to <br />pay or reimburse Clark Information Technologies Corporation, a <br />corporation incorporated and existing under the laws of the State <br />of Michigan (the "Company "), for a portion of the costs of the <br />acquisition, construction and installation of the Project, under <br />the terms of a Loan Agreement dated as of November 1, 1984, by <br />and between the Issuer and the Company (which agreement, as from <br />time to time supplemented and amended, is hereinafter referred to <br />as the "Agreement "). <br />This Bond is secured by an assignment and pledge of the <br />revenues and income derived by the Issuer from the repayment of <br />the loan by the Company and other revenues and income derived <br />pursuant to the Agreement and the Promissory Note issued by the <br />Company thereunder (the "Note "), and is further secured by an <br />assignment and pledge of the right, title and interest of the <br />Issuer in and to the Agreement, the Note and the Mortgage and <br />Security Agreement dated as of November 1, 1984, by and between <br />the Company and the Issuer (except certain expense and indemnifi- <br />cation payments), as more fully described in the Bond Ordi- <br />nance. Reference is made to the Bond Ordinance for a description <br />of the provisions, among others, with respect to the nature and <br />extent of the security, the rights, duties and obligations of the <br />Issuer, the rights, duties and obligations of the owner of this <br />Bond, and the terms on which this Bond is or may be issued and to <br />all of the provisions of which the owner hereof by the acceptance <br />of this Bond assents. <br />This Bond is issued pursuant to and in full compliance <br />with the Constitution and the laws of the State of Indiana, and <br />particularly Indiana Code Section 36 -7 -12, as supplemented and <br />amended (the "Act "). This Bond and the obligation to pay <br />interest hereon are special, limited obligations of the Issuer, <br />secured as aforesaid and payable solely out of the revenues and <br />income derived from the Agreement and the Note and as otherwise <br />provided in the Bond Ordinance and the Agreement. This Bond and <br />the obligation to pay interest hereon shall not be deemed to <br />constitute an indebtedness or an obligation of the Issuer, the <br />State of Indiana or any political subdivision thereof, within the <br />purview of any constitutional limitation or provision. No owner <br />of this Bond shall have the right to compel the taxing powers, if <br />any, of the Issuer, the State of Indiana or any political sub- <br />division thereof to pay any principal installments of, premium, <br />if any, or interest on this Bond. Pursuant to the provisions of <br />the Agreement, payments sufficient for the prompt payment when <br />-17- <br />
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