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<br />7 <br />or any national banking association (including the Trustee or its affiliates) or government bond <br />dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank <br />of New York, which agreement is secured by any one or more of the securities described in clauses <br />(i), (iii) or (iv) above; provided, underlying securities are required by the repurchase agreement to <br />be continuously maintained at a market value not less than the amount so invested. <br />“Record Date” means the fifteenth day of the month immediately preceding any <br />Interest Payment Date. <br />“Redevelopment Commission” means the South Bend Redevelopment <br />Commission. <br />“Requisite Bondholders” means the holders of 51% in aggregate principal amount <br />of Bonds. <br />“State” means the State of Indiana. <br />“Taxpayer Agreement” means the Taxpayer Agreement, dated as of ____________ <br />1, 2026, among the Company, the Redevelopment Commission and the Issuer. <br />“Taxpayer Direct Payments” means amounts required to be paid by the Company <br />to the Redevelopment Commission pursuant to the terms of the Taxpayer Agreement. <br />“TIF Revenues” means that portion of the property tax proceeds received by the <br />Redevelopment Commission and pledged to the Issuer pursuant to the Pledge Resolution, from the <br />assessed valuation of real property in the Allocation Area derived from the parcels comprising the <br />Project Site (as defined in the Development Agreement), in excess of the assessed valuation <br />described in IC 36-7-14-39(b)(1), as such statutory provision exists on the date of execution of the <br />Indenture. <br />“Trustee” means ________________________________, with a designated trust <br />office in the City of Indianapolis, Indiana, and any successor trustee or co-trustee. <br />“Trust Estate” shall have the meaning ascribed to such term in the Granting Clauses <br />of this Indenture. <br />Rules of Interpretation. For all purposes of this Indenture, except as otherwise expressly provided <br />or unless the context otherwise requires: <br />(1) “This Indenture” means this instrument as originally executed and as it may <br />from time to time be supplemented or amended pursuant to the applicable provisions <br />hereof. <br />(2) All references in this instrument to designated “Articles,” “Sections” and <br />other subdivisions are to the designated Articles, Sections and other subdivisions of this <br />instrument as originally executed. The words “herein,” “hereof and “hereunder” and other <br />words of similar import refer to this Indenture as a whole and not to any particular Article, <br />Section or other subdivision.