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EDC Packet 2.6.25
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EDC Packet 2.6.25
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2/4/2025 4:08:24 PM
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Dept of Community Investment
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<br />18 <br />ARTICLE IV. <br />REVENUE AND FUNDS <br />Section 4.1. Source of Payment of the Bonds. The Bonds herein authorized and <br />all payments to be made by the Issuer hereunder are not general obligations of the Issuer but are <br />limited obligations payable solely from the Trust Estate (including the TIF Revenues, the Taxpayer <br />Direct Payments and the Loan Payments) pledged and assigned for their payment in accordance <br />with the Indenture. No covenant or agreement contained in the Bonds or this Indenture shall be <br />deemed to be a covenant or agreement of any member, director, officer, agent, attorney or <br />employee of the Issuer in his or her individual capacity, and no member, director, officer, agent, <br />attorney, or employee of the Issuer executing the Bonds shall be liable personally on the Bonds or <br />be subject to any personal liability or accountability by reason of the issuance of the Bonds. <br />The Redevelopment Commission has pledged the TIF Revenues to the payment of the <br />Bonds. <br />Section 4.2. Bond Fund. <br />(a) The Trustee shall establish and maintain, so long as any of the Bonds are <br />outstanding, a separate fund to be known as the “City of South Bend, Indiana—2025 J.C. Hart <br />Development Project Bond Fund” (the “Bond Fund”). Money in the Bond Fund shall be applied <br />as provided in this Section 4.2. <br />(b) There shall be deposited in the Bond Fund, as and when received, the TIF <br />Revenues, the Taxpayer Direct Payments and, if necessary, the Loan Payments in an amount equal <br />to the payments due on the Bonds on the next February 1 or August 1 plus Trustee fees coming <br />due within the next six (6) months with respect to the Bonds. <br />(c) The Issuer hereby covenants and agrees that so long as any of the Bonds issued <br />hereunder are outstanding it will deposit, or cause to be paid to Trustee for deposit in the Bond <br />Fund, prior to 10:00 a.m., Indianapolis time, on the business day immediately preceding each <br />January 5 and July 5, commencing no later than July 5, 202__, sufficient sums from revenues and <br />receipts derived from the TIF Revenues promptly to meet and pay the amounts required under <br />Section 4.2(b) hereof. In the event of a deficiency of available TIF Revenues to make the next <br />debt service payment, the Trustee shall notify the Company of the amount needed to remedy the <br />deficiency by no later than the next January 10 or July 10, as applicable. Pursuant to the terms of <br />the Taxpayer Agreement, the Company is obligated to make a Taxpayer Direct Payment to remedy <br />the deficiency and the Issuer covenants and agrees to transfer all Taxpayer Direct Payments <br />received to the Trustee. If a deficiency still remains, the Company is obligated under the Loan <br />Agreement to make Loan Payments to the Issuer, and the Issuer covenants and agrees to <br />immediately transfer all Loan Payments received to the Trustee. Nothing herein should be <br />construed as requiring Issuer to deposit or cause to be paid to Trustee for deposit in the Bond Fund, <br />funds from any source other than receipts derived from the TIF Revenues, the Taxpayer Direct <br />Payments and, if necessary, the Loan Payments. <br />(2) The Controller of the Issuer shall set aside immediately upon receipt the TIF <br />Revenues into the Allocation Fund and transfer the TIF Revenues to the Trustee as set forth in
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