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<br />5 <br />“Bonds” means the City of South Bend, Indiana, Taxable Economic Development <br />Tax Increment Revenue Bonds, Series 2025 (J.C. Hart Development Project) in the aggregate <br />principal amount of not to exceed $____________. <br />“Business Day” or “business day” means a day on which the office of the Trustee <br />is open for business. <br />“Capitalized Interest Costs” means a portion of the interest on the Bonds accruing <br />from the date of their original delivery through and including ___________ 1, 202__, which is a <br />categorical cost of providing for an “economic development project” as defined and set forth in <br />the Act. <br />“Company” means J.C. Hart Company, Inc., an Indiana corporation, or any <br />successor thereto under the Loan Agreement. <br />“Completion Certificate” means the certificate required to be provided by the <br />Company to the Issuer and the Trustee pursuant to Section 4.3 of the Loan Agreement to evidence <br />completion of the Project. <br />“Costs of Issuance” means financial, legal, accounting charges and expenses, and <br />all other fees charges and expenses incurred in connection with the authorization, sale, issuance <br />and delivery of the Bonds, including without limitation, the fees and expenses of the Issuer, <br />Issuer’s Counsel, Bond Counsel, Company Counsel, Municipal Advisor to the Issuer and the <br />Trustee. <br />“Development Agreement” means the Economic Development Agreement, dated <br />January 9, 2025, by and among the Issuer, the Redevelopment Commission and the Company. <br />“Economic Development Commission” means the South Bend Economic <br />Development Commission. <br />“Event of Default” means those events of default specified in and defined by <br />Section 7.1 hereof. <br />“Government Obligations” means bonds, notes, certificates of indebtedness, <br />treasury bills or other securities constituting direct obligations of, or obligations the timely <br />payment of the principal of and the interest on which are fully and unconditionally guaranteed by, <br />the United States of America or any agency or instrumentally thereof when such obligations are <br />backed by the full faith and credit of the United States of America. <br />“Indenture” means this instrument as originally executed or as it may from time to <br />time be amended or supplemented pursuant to Article IX. <br />“Interest Payment Date” on the Bonds means each February 1 and August, <br />commencing _____________ 1, 202__. <br />“Issuer” means the City of South Bend, Indiana, a municipal corporation organized <br />and validly existing under the laws of the State or any successor to its rights and obligations under <br />the Loan Agreement and the Indenture.