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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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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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1/21/2026 3:03:49 PM
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ARTICLE VII. <br /> DEFAULTS AND REMEDIES <br /> Events of Default. Each of the following events is hereby declared an "event of default," that is <br /> to say, if <br /> (a) payment of any amount payable on the Bonds shall not be made when the same is <br /> due and payable; or <br /> (b) any event of default as defined in Section 6.1 of the Loan Agreement shall occur <br /> and be continuing; or <br /> (c) any event of default shall occur under the Taxpayer Agreement or the Development <br /> Agreement and be continuing; or <br /> (d) the Issuer shall default in the due and punctual performance of any other of the <br /> covenants, conditions, agreements and provisions contained in the Bonds or in this Indenture or <br /> any agreement supplemental hereof on the part of the Issuer to be performed, and such default <br /> shall continue for thirty (30) days after written notice specifying such default and requiring the <br /> same to be remedied shall have been given to the Issuer and the Company by the Trustee, which <br /> may give such notice in its discretion and shall give such notice at the written request of the holders <br /> of all of the Bonds then outstanding hereunder;or <br /> (e) the Issuer shall fail to apply collected TIF Revenues as required by Article IV of <br /> this Indenture. <br /> Acceleration. Upon the happening of any event of default specified in clause (a), <br /> (b), (c), or (d) of Section 7.1 and the continuance of the same for the period, if any, specified in <br /> that Section, the Trustee, by notice in writing delivered to the Issuer and the Company, at the <br /> written direction of the Requisite Bondholders shall declare the entire unpaid principal amount of <br /> the Bonds then outstanding, and the interest accrued thereon, to be immediately due and payable. <br /> The Issuer's obligation to pay TIF Revenues or IDD Revenues shall not be subject to acceleration. <br /> Remedies: Rights of Bondholders. <br /> (a) If an event of default occurs,with the consent of Requisite Bondholders,the <br /> Trustee may pursue any available remedy by suit at law or in equity to <br /> enforce the payment of the principal of,premium, if any,and interest on the <br /> Bonds then outstanding,to enforce any obligations of the Issuer hereunder, <br /> and of the Company under the Loan Agreement and the Taxpayer <br /> Agreement. <br /> (b) Upon the occurrence of an event of default, if directed to do so by the <br /> Requisite Bondholders and if indemnified as provided in Section 8.1 hereof, <br /> the Trustee shall be obliged to exercise such one or more of the rights and <br /> powers conferred by this Article as the Trustee, being advised by counsel, <br /> shall deem most expedient in the interests of the Bondholders. <br /> Filed in Clerk's Office <br /> 27 JAN 2 1 2026 <br /> Bianca Tirado <br /> City Clerk, South Lund, IN <br />
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