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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"Interest Payment Date" on the Bonds means each February I and August, commencing 1, 202_. "Issuer"means the City of South Bend, Indiana,a municipal corporation organized and validly existing under the laws of the State or any successor to its rights and obligations under the Loan Agreement and the Indenture. "Loan Agreement"means the Loan Agreement,dated as of 1,202_, from the Company to the Issuer and all amendments and supplements thereto. "Loan Payments"means the amounts required to be repaid by the Company to the Issuer under the terms of the Loan Agreement. "Pledge Resolution"means Resolution No. adopted by the Redevelopment Commission on ,2026, irrevocably dedicating and pledging to the Issuer the TIF Revenues to pay the debt service on the Bonds. "Project" means the acquisition, development, construction, equipping, renovation, and/or reconstruction of space in the former South Bend Tribune building, along with new construction of an adjacent building along Main and Colfax in the City to include approximately 202,000 rentable square feet of flexible workspace and ground-floor retail,as more fully described in the Development Agreement and located in the Allocation Area established by the Redevelopment Commission. "Project Fund" means the Project Fund for the Bonds established in Section 4.3 of this Indenture. "Qualified Investments"means any of the following to the extent permitted by law: (i) Government Obligations; (ii) money market funds, which may be funds of the Trustee or its affiliates,the assets of which are obligations of or guaranteed by the United States of America and which funds are rated at the time of purchase "AAAm or higher by Standards & Poor's Ratings Service, Inc. and/or "Aaa" by Moody's Investors Service, Inc.; (iii) bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following federal agencies: Export-Import Bank, Farmers Home Administration, Federal Financing Bank, Federal Housing Administration, Government National Mortgage Association, Maritime Administration and Farm Credit Banks;(iv)certificates of deposit,savings accounts,deposit accounts or depository receipts of a bank, savings and loan associations and mutual savings banks, including the Trustee or its affiliates, each insured to the extent provided by the Federal Deposit Insurance Corporation; (v) bankers' acceptances or certificates of deposit of commercial banks or savings and loan associations, including the Trustee or its affiliates, which mature not more than one year after the date of purchase;provided the banks or savings and loan associations(as opposed to their holding companies) are rated for unsecured debt at the time of purchase of the investments in the single highest full classification established by Moody's Investors Service, Inc. and Standard & Poor's Ratings Service, Inc.;(vi)commercial paper rated at the time of purchase in the single highest full classification by Moody's Investors Service, Inc.and Standard& Poor's Ratings Service, Inc.and which matures not more than 270 days after the date of purchase; (vii)any guaranteed investment contract or investment agreement of a financial institution which is rated in one of the two highest rating categories by Standard & Poor's Ratings Services; and (viii) repurchase agreements with any bank or trust company organized under the laws of any state of the United States of America 6