Laserfiche WebLink
<br /> <br /> <br /> - 2 - <br />NOW, THEREFORE, in consideration of the premises and the mutual <br />representations and agreements hereinafter contained, the City and the Company agree as follows: <br />ARTICLE I. <br />DEFINITIONS <br />Use of Defined Terms. In addition to the words and terms defined elsewhere in this <br />Agreement or by reference to another document, the words and terms set forth in Section 1.2 hereof <br />shall have the meanings set forth therein unless the context or use clearly indicates another <br />meaning or intent. Capitalized terms used in this Agreement not otherwise defined herein or by <br />references to another document shall have the meanings provided for such terms in the Indenture. <br />Such definitions shall be equally applicable to both the singular and plural forms of any of the <br />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 <br />amended. <br />“Agreement” means this Financing and Loan Agreement as amended or <br />supplemented from time to time. <br />“Bondholder” or “owner of a Bond” or any similar term means the owner of a Bond. <br />“Bonds” means the City’s Taxable Economic Development Revenue Bonds, Series <br />2026 (Colfax Corner ML, LLC Project), issued in the original aggregate principal amount of <br />$_________, for the purpose of (i) paying a portion of the costs of the Project and (ii) paying costs <br />related to the issuance thereof. <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 />“Company” means Colfax Corner ML, LLC, an Indiana limited liability company, <br />and its lawful successors and assigns to the extent permitted by this Agreement. <br />“Completion Date” means the date of completion of the Project evidenced in <br />accordance with the requirements of Section 4.3 hereof. <br />“Designated Representative” means _______________ or the person at the time <br />designated to act on behalf of the Company by written certificate furnished to the City, containing <br />the specimen signature of that person and signed on behalf of the Company 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 Company 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 Company designates that person. <br />“Event of Default” means any of the events described as an Event of Default in <br />Section 6.1 hereof.