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<br />4 <br />ARTICLE I. <br />DEFINITIONS <br />Section 1.1. Terms Defined. In addition to the words and terms elsewhere <br />defined in this Indenture, the following words and terms as used in this Indenture shall have the <br />following meanings unless the context or use indicates another or different meaning or intent: <br />“Act” means, collectively, Indiana Code 36-7-11.9 and 36-7-12. <br />“Allocation Area” means the Riverwalk Allocation Area established in accordance <br />with IC 36-7-14-39 for the purposes of capturing incremental ad valorem real property taxes levied <br />and collected in such allocation area. <br />“Allocation Fund” means the Riverwalk Allocation Area Allocation Fund <br />established under IC 36-7-14 for the TIF Revenues collected in the Allocation Area. <br />“Annual Fees” means annual Trustee Fees and any other ongoing fees relating to <br />payment of debt service on the Bonds. <br />“Authorized Representative” means, (i) with respect to the Issuer, the Mayor or the <br />Controller of the Issuer (or such other officer as the Issuer shall notify the Company and the Trustee <br />in writing as being an Authorized Representative, with evidence of such authority); and (ii) with <br />respect to the Company, _________________ (or such other officer as the Company shall notify <br />the Issuer and the Trustee in writing as being an Authorized Representative, with evidence of such <br />authority). <br />“Bondholders” means registered owners of the Bonds. <br />“Bond Fund” means the Bond Fund established by Section 4.2 of this Indenture. <br />“Bond Issuance Costs” means the costs, fees and expenses incurred or to be <br />incurred by the Issuer and the Borrower in connection with the issuance and sale of the Bonds, <br />including placement or other financing fees (including applicable counsel fees), the fees and <br />disbursements of bond counsel, fees of the Issuer’s financial advisor, the acceptance fee and first <br />(1st) year annual administration fee of the Trustee, application fees and expenses, publication costs, <br />the filing and recording fees in connection with any filings or recording necessary under the <br />Indenture or to perfect the lien thereof, the out-of-pocket costs of the Issuer, the fees and <br />disbursements of counsel to the Borrower, the fees and disbursements of the Borrower’s <br />accountants and advisers, the fees and disbursements of counsel to the Issuer, the fees and <br />disbursements of counsel to the purchaser of the Bonds, the costs of preparing or printing the <br />Bonds and the documentation supporting the issuance of the Bonds, the costs of reproducing <br />documents, and any other costs of a similar nature reasonably incurred, all of which is a categorical <br />cost of providing for an “economic development project” as defined and set forth in the Act. <br />“Bond Ordinance” means Ordinance No. ____, adopted by the Common Council <br />of the Issuer on ____________, 2025, authorizing and approving the issuance and sale of the <br />Bonds, and approving the Loan Agreement, this Indenture and related matters.