05-26 Ordinance Authorizing the City to Issue One or More Series of its Taxable Economic Development Tax Increment Revenue Bonds and Approving and Authorizing Other Actions in Respect Thereto in Connection With the Colfax Corner ML, LLC Project

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"Bonds"means the City of South Bend, Indiana, Taxable Economic Development Revenue Bonds, Series 2026(Colfax Corner ML, LLC Project) in the aggregate principal amount of$ "Business Day" or"business day"means a day on which the office of the Trustee is open for business. "Capitalized Interest Costs" means a portion of the interest on the Bonds accruing from the date of their original delivery through and including 1, 202_, which is a categorical cost of providing for an "economic development project" as defined and set forth in the Act. "Company"means Colfax Corner ML, LLC,an Indiana limited liability company, or any successor thereto under the Loan Agreement. "Completion Certificate" means the certificate required to be provided by the Company to the Issuer and the Trustee pursuant to Section 4.3 of the Loan Agreement to evidence completion of the Project. "Costs of Issuance" means financial, legal, accounting charges and expenses, and all other fees charges and expenses incurred in connection with the authorization, sale, issuance and delivery of the Bonds, including without limitation, the fees and expenses of the Issuer, Issuer's Counsel, Bond Counsel, Company Counsel, Municipal Advisor to the Issuer and the Trustee. "Development Agreement" means the Economic Development Agreement, dated December 18,2025,by and among the Issuer,the Redevelopment Commission and the Company. "Economic Development Commission" means the South Bend Economic Development Commission. "Event of Default" means those events of default specified in and defined by Section 7.1 hereof. "Government Obligations" means bonds, notes, certificates of indebtedness, treasury bills or other securities constituting direct obligations of, or obligations the timely payment of the principal of and the interest on which are fully and unconditionally guaranteed by, the United States of America or any agency or instrumentally thereof when such obligations are backed by the full faith and credit of the United States of America. "IDD Revenues"shall mean that portion,attributable to the Project Site(as defined in the Development Agreement), of the income tax incremental amount and the gross retail incremental amount transferred pursuant to Indiana Code 36-7-32.5-18(g)to the local innovation development district fund for the South Bend IDD established pursuant to Indiana Code 36-7-32.5- 19 and the IDD Agreement, pledged or otherwise obligated by the IEDC to the payment of the debt service of the Bonds. "Indenture" means this instrument as originally executed or as it may from time to time be amended or supplemented pursuant to Article IX. 5