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

Home Browse Search

FOR ITS OWN ACCOUNT OR TO THE ACCOUNT OF ANOTHER QUALIFIED INSTITUTIONAL BUYER;(b) TO AN ACCREDITED INVESTOR (WITHIN THE MEANING OF RULE 501 OF REGULATION D OF THE SECURITIES ACT), PURCHASING FOR ITS OWN ACCOUNT OR THE ACCOUNT OF ANOTHER ACCREDITED INVESTOR;OR(c)PURSUANT TO AN EXEMPTION FROM THE SECURITIES ACT;AND(2) WILL,AND EACH SUBSEQUENT HOLDER IS REQUIRED TO,NOTIFY ANY PURCHASER OF THIS BOND OF THE RESALE RESTRICTIONS REFERRED TO HEREIN UNITED STATES OF AMERICA 2026R-1 CITY OF SOUTH BEND,INDIANA TAXABLE ECONOMIC DEVELOPMENT REVENUE BOND,SERIES 2026 (COLFAX CORNER ML,LLC PROJECT) INTEREST MATURITY ORIGINAL AUTHENTICATION RATE DATE DATE DATE ,2026 ,2026 REGISTERED OWNER: PRINCIPAL AMOUNT: Million Dollars($ The City of South Bend, Indiana(the "Issuer"), a municipal corporation organized and existing under the laws of the State of Indiana, for value received, hereby promises to pay in lawful money of the United States of America to the Registered Owner listed above,but solely from available amounts held in the Trust Estate,including the payments of TIF Revenues,IDD Revenues,the Taxpayer Direct Payments and the Loan Payments(each as defined in the hereinafter defined Indenture)hereinafter referred to pledged and assigned for the payment hereof,the Principal Amount set forth above on the Maturity Date,unless this Bond shall have previously been called for redemption and payment of the redemption price made or provided for,or unless payments shall have been accelerated as provided in the Indenture,and to pay interest on the unpaid principal amount hereof in like money,but solely from said payments, at the Interest Rate specified above per annum payable on 1,202 and on each February 1 and August 1 thereafter(each an"Interest Payment Date")until the Principal Amount is paid in full. Interest on this Bond shall be payable from the Interest Payment Date next preceding the date of authentication thereof(the"Interest Date"), except that: (i) if this Bond is authenticated on or prior to 15, 202� the Interest Date shall be the Original Date specified above; (ii) if this Bond is authenticated on or after the last day of the calendar month immediately preceding an Interest Payment Date(the"Record Date"),the Interest Date shall be such Interest Payment Date;and(iii)if interest on this Bond is in default,the Interest Date shall be the day after the date to which interest hereon has been paid in full. Interest shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. The principal of this Bond is payable at the office of ,as trustee(the"Trustee"), in Indianapolis, Indiana,or at the principal office of any successor trustee. All payments of interest hereon will be made by the Trustee by check mailed on each Interest Payment Date to the Registered Owner hereof at the address shown on the registration books of the Trustee as maintained by the Trustee, as registrar, determined on the Record Date next preceding such Interest Payment Date. Each registered owner of$1,000,000 or more in principal amount of Bonds shall be entitled to receive interest and principal payments by wire transfer by providing written wire instructions to the Trustee before the Record Date for such payment. This Bond shall not need to be presented for payment except upon final maturity or redemption in full. This Bond is the only one of the Issuer's Taxable Economic Development Revenue Bonds, Series 2026 (Colfax Corner ML, LLC Project) (hereinbefore and hereinafter the "Bonds") which are being issued under the hereinafter described Indenture in the aggregate principal amount of$ . The Bonds are being issued for the purpose of providing funds to finance a portion of the cost of the acquisition,development,construction,equipping, renovation, and/or reconstruction by Colfax Corner ML, LLC (the "Company") of a flexible workspace and retail development in the City, all located within the Lafayette North Allocation Area(the"Project") by providing such funds to the Company pursuant to the Loan Agreement,dated as of 1,2026(the"Loan Agreement") 11