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Resolution Nos. 3637 & 3638 RIF Bonds (Drewrys Portage Elwood) - Signed
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Resolution Nos. 3637 & 3638 RIF Bonds (Drewrys Portage Elwood) - Signed
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Dept of Community Investment
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4 <br />day year comprised of twelve 30-day months. <br />The Bonds shall mature serially on the dates determined by the President at the time of the <br />sale of the Bonds, over a period beginning not earlier than August 1, 2025, and ending not later <br />than 20 years from the date of issuance, each serial maturity to be in such principal amount as <br />determined by the President, with the advice of the Commission’s municipal advisor; provided <br />that if the Bonds are sold to the Indiana Finance Authority as part of the IFA Program, then in such <br />amounts that will produce annual debt service that is as level as practicable, except as otherwise <br />provided in the Financial Assistance Agreement. The Bonds may be issued as either taxable or <br />tax-exempt bonds for purposes of the Internal Revenue Code based solely on the determination of <br />the President upon advice of the Commission’s bond counsel at the time of issuance of the Bonds. <br />Notwithstanding anything to the contrary herein, all or a portion of the Bonds may be aggregated <br />into and issued as one or more term bonds. The term bonds will be subject to mandatory sinking <br />fund redemption with sinking fund payments and final maturities corresponding to the serial <br />maturities described above. Sinking fund payments shall be applied to retire a portion of the term <br />bonds as though it were a redemption of serial bonds, and, if more than one term bond of any <br />maturity is outstanding, redemption of such maturity shall be made by lot. Sinking fund <br />redemption payments shall be made in a principal amount equal to such serial maturities, plus <br />accrued interest to the redemption date, but without premium or penalty. For all purposes of this <br />resolution, such mandatory sinking fund redemption payments shall be deemed to be required <br />payments of principal which mature on the date of such sinking fund payments. Appropriate <br />changes shall be made in the definitive form of Bonds, relative to the form of Bonds contained in <br />this resolution, to reflect any mandatory sinking fund redemption terms. <br />Notwithstanding anything contained herein, the City may accept any other forms of <br />financial assistance, as and if available, from the IFA Program (including without limitation any <br />forgivable loans, grants or other assistance whether available as an alternative to any Bond related <br />provision otherwise provided for herein or as a supplement or addition thereto). If required by the <br />IFA Program to be eligible for such financial assistance, one or more of the series of the Bonds <br />issued hereunder may be issued on a basis such that the payment of the principal of or interest on <br />(or both) such series of Bonds is junior and subordinate to the payment of the principal of and <br />interest on other series of Bonds issued hereunder (and/or any other revenue bonds secured by a <br />pledge of the Tax Increment, whether now outstanding or hereafter issued), all as provided by the <br />terms of such series of Bonds as modified pursuant to this authorization. Such financial assistance, <br />if any, shall be as provided in the Financial Assistance Agreement and the Bonds of each series of <br />Bonds issued hereunder (including any modification made pursuant to the authorization in this <br />paragraph to the form of Bond otherwise contained herein). <br />(b)Source of Payment. The Bonds, together with any bonds ranking on a parity <br />therewith, shall be payable from and secured by an irrevocable pledge of Tax Increment derived <br />from each of the Allocation Areas and deposited into the respective Allocation Fund, along with <br />any legally available revenues of the Commission, on a parity with the 2020 Obligation and senior <br />to the payment of the Junior Obligations. For the avoidance of doubt, tax increment revenues <br />derived from the Riverwalk Allocation Area designated within the Area are not pledged to the <br />payment of principal of and interest on the Bonds. <br />(c) Payments. All payments of interest on the Bonds shall be paid by check mailed
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