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ARTICLE I. <br /> DEFINITIONS <br /> Use of Defined Terms. In addition to the words and terms defined elsewhere in <br /> this Agreement or by reference to another document, the words and terms set forth in Section 1.2 <br /> hereof shall have the meanings set forth therein unless the context or use clearly indicates another <br /> meaning or intent. Such definitions shall be equally applicable to both the singular and plural <br /> forms of any of the words and terms defined therein. <br /> Section 1.2. Definitions. As used herein: <br /> "Act"means,collectively, Indiana Code 36-7-11.9 and 36-7-12, as enacted and amended. <br /> "Agreement" means this Financing and Loan Agreement as amended or supplemented <br /> from time to time. <br /> "Borrower" means New Day Intake Center, Inc., an Indiana nonprofit corporation, and its <br /> lawful successors and assigns to the extent permitted by this Agreement and the Development <br /> Agreement. <br /> "City" means the City of South Bend, Indiana, a municipal corporation and political <br /> subdivision existing under the laws of the State of Indiana. <br /> "Common Council"means the Common Council of the City. <br /> "Completion Date" means the date of completion of the Project evidenced in accordance <br /> with the requirements of Section 3.2 hereof. <br /> "Designated Representative"means Sheila McCarthy or the person at the time designated <br /> to act on behalf of the Borrower by written certificate furnished to the City, containing the <br /> specimen signature of that person and signed on behalf of the Borrower by a duly authorized <br /> officer. That certificate may designate an alternate or alternates. In the event that all persons so <br /> designated become unavailable or unable to act and the Borrower fails to designate a replacement <br /> within 10 days after such unavailability or inability to act, the City may appoint an interim <br /> Designated Representative until such time as the Borrower designates that person. <br /> "Development Agreement" means the Development Agreement, dated August 14, 2025, <br /> by and between the Borrower and the City of South Bend, Department of Redevelopment, acting <br /> by and through its governing body, the Redevelopment Commission. <br /> "Event of Default"means any of the events described as an Event of Default in Section 6.1 <br /> hereof. <br /> "Loan"means the loan by the City to the Borrower pursuant to the terms of this Agreement. <br /> "Mandatory Project Completion Date"shall have the meaning defined in Section 3.3 of the <br /> Development Agreement. <br /> 2 <br />