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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
3/27/2013 2:12:43 PM
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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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date of delivery of the Bond, which the Issuer shall accept and <br />adopt, and the Issuer, acting in reliance on such covenants, <br />certifications and representations, hereby covenants with the <br />Bank and any other owner of the Bond that so long as any prin- <br />cipal installment of, premium, if any, or interest on the Bond <br />remains unpaid, the members of the Issuer will not take or <br />authorize the taking of any action which will cause the Bond to <br />be classified as an "arbitrage bond" within the meaning of <br />Section 103 of the Code and any regulations promulgated or <br />proposed thereunder, including without limitation <br />Section 1.103 -13, Section 1.103 -14 and Section 1.103 -15 of the <br />Income Tax Regulations (26 C.F.R., Part 1) as the same presently <br />exist or may from time to time hereafter be amended, supplemented <br />or revised, or within the meaning of any Federal legislation and <br />any regulations promulgated or proposed pursuant thereto. <br />GENERAL COVENANTS <br />Section 10. The Issuer covenants that it will <br />promptly cause to be paid solely and only from the source <br />mentioned in the Bond, the principal installments of, premium, if <br />any, and interest on the Bond hereby authorized at the place, on <br />the dates and in the manner provided herein and in the Bond <br />according to the true intent and meaning hereof and thereof. The <br />Bond and the obligation to pay interest thereon are special, <br />limited obligations of the Issuer, secured by the Note of the <br />Company, the Mortgage and the Assignment and payable as set out <br />in Section 3 hereof. <br />The Issuer covenants that it will faithfully perform at <br />all times any and all covenants, undertakings, stipulations and <br />provisions contained in this Ordinance, the Bond, the Agreement, <br />the Mortgage, the Assignment and the Bond Purchase Agreement, and <br />in all proceedings of the members of the Issuer pertaining <br />thereto. The Issuer covenants that it is duly authorized under <br />the Constitution and the laws of the State of Indiana, including <br />particularly and without limitation the Act, to issue the Bond <br />authorized hereby and to assign and pledge the revenues and <br />income hereby assigned and pledged in the manner and to the <br />extent herein set forth; that all action on its part for the <br />issuance of the Bond has been or will, before delivery of the <br />Bond, have been duly and effectively taken, and that the Bond, <br />when issued and delivered to the Bank, will be a valid and <br />enforceable special, limited obligation of the Issuer according <br />to the true intent and meaning thereof. <br />The Issuer covenants that it will execute, acknowledge <br />and deliver such instruments, financing statements and other <br />documents as the Bank or any other owner of the Bond may reason- <br />-26- <br />
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