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