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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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6 <br />acting for and on behalf of the District, whether or not the lost, stolen or destroyed Bond shall be <br />found at any time, and shall be entitled to all the benefits of this resolution, equally and <br />proportionately with any and all other Bonds issued hereunder. <br />Section 3. Terms of Redemption. The Bonds may be made redeemable at the option <br />of the Commission, upon notice duly given in accordance with the terms hereof, in whole or in <br />part, in any order of maturities selected by the Commission and by lot within a maturity (or in the <br />case of any Bonds sold to the Indiana Finance Authority, in inverse order of maturity), on dates and with <br />premiums, if any, and other terms as determined by the President with the advice of the <br />Commission’s municipal advisor, as evidenced by delivery of the form of Bonds to the Controller; <br />provided, however, if the Bonds are sold to the Indiana Finance Authority through its IFA Program <br />and registered in the name of the Indiana Finance Authority, the Bond shall not be redeemable at <br />the option of the Commission unless and until consented to by the Indiana Finance Authority. The <br />exact redemption dates and premiums, if any, shall be established by the President of the <br />Commission, with the advice of the Commission’s municipal advisor, prior to the sale of the <br />Bonds. <br />Notice of redemption shall be mailed by first-class mail to the address of each registered <br />owner of a Bond to be redeemed as shown on the Registration Record not more than sixty (60) <br />days and not less than thirty (30) days prior to the date fixed for redemption except to the extent <br />such redemption notice is waived by owners of Bonds redeemed, provided, however, that failure <br />to give such notice by mailing, or any defect therein, with respect to any Bond shall not affect the <br />validity of any proceedings for the redemption of any other Bonds. The notice shall specify the <br />date and place of redemption, the redemption price and the CUSIP numbers, if any, of the Bonds <br />called for redemption. The place of redemption may be determined by the Commission. Interest <br />on the Bonds so called for redemption shall cease on the redemption date fixed in such notice if <br />sufficient funds are available at the place of redemption to pay the redemption price on the date so <br />named, and thereafter, such Bonds shall no longer be protected by this resolution and shall not be <br />deemed to be outstanding hereunder, and the holders thereof shall have the right only to receive <br />the redemption price. <br />All Bonds which have been redeemed shall be canceled and shall not be reissued; provided, <br />however, that one or more new registered bonds shall be issued for the unredeemed portion of any <br />Bond without charge to the holder thereof. <br />No later than the date fixed for redemption, funds shall be deposited with the Paying Agent <br />or another paying agent to pay, and such agent is hereby authorized and directed to apply such <br />funds to the payment of, the Bonds or portions thereof called for redemption, including accrued <br />interest thereon to the redemption date. No payment shall be made upon any Bond or portion <br />thereof called for redemption until such bond shall have been delivered for payment or cancellation <br />or the Registrar shall have received the items required by this resolution with respect to any <br />mutilated, lost, stolen or destroyed bond. <br />Section 4. Appointment of Registrar and Paying Agent. The Controller is hereby <br />appointed to serve as registrar and paying agent or designated to appoint a financial institution to <br />serve as registrar and paying agent for the Bonds (together with any successor, the “Registrar” or <br />“Paying Agent”). The Registrar is hereby charged with the responsibility of authenticating the
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