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37-26 Authorizing the City to Fund Its Taxable Economic Development Revenue Note, Series 2026 (Beacon Heights Project) and Approving and Authorizing Other Actions in Respect Thereto (Substitute)
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37-26 Authorizing the City to Fund Its Taxable Economic Development Revenue Note, Series 2026 (Beacon Heights Project) and Approving and Authorizing Other Actions in Respect Thereto (Substitute)
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6/17/2026 11:43:43 AM
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2 Park Avenue, 23rd Floor <br /> New York, New York 10016 <br /> Attention: Jeffrey Moelis and Adam Hellegers, Esq. <br /> Email:jmoelis@lmdp.com and <br /> ahellegers@lmdp.com <br /> With a copy to: Cohen Liuzzo PLLC <br /> 88 Pine Street, Suite 1430 <br /> New York,New York 10005 <br /> Attention: Anthony Bargnesi,Esq. and Eleor <br /> Cohen, Esq. <br /> Email: abargnesi@cohenliuzzo.com and <br /> ecohen@cohenliuzzo.com <br /> As to Investor Member: Cinnaire Fund for Housing Limited Partnership 45 <br /> c/o Cinnaire 45, LLC <br /> 1118 South Washington <br /> Lansing,Michigan48910 <br /> With a copy to Kutak Rock LLP <br /> 1650 Famam Street <br /> Omaha,NE 68102 <br /> Attn: Asher R. Ball <br /> or such additional or different address,notice of which is given under Section 7.2 hereof. <br /> "Ordinance" means Ordinance No. 36-27 of the Common Council of the City adopted on <br /> June 22, 2026,authorizing the Loan and the execution and delivery of this Agreement. <br /> "Person" or words importing persons mean firms, associations, partnerships (including <br /> without limitation, general and limited partnerships), limited liability companies,joint ventures, <br /> societies, estates, trusts, corporations, public or governmental bodies, other legal entities and <br /> natural persons. <br /> "Project"has the meaning set forth in Recital B hereof. <br /> "Redevelopment Commission"means the South Bend Redevelopment Commission. <br /> "State"means the State of Indiana. <br /> Section 1.3. Interpretation. Any reference herein to the City, to the Common Council, <br /> to the Redevelopment Commission, or to any member or officer of the City includes entities or <br /> officials succeeding to their respective functions, duties or responsibilities pursuant to or by <br /> operation of law or lawfully performing their functions. <br /> Any reference to a section or provision of the Constitution of the State or the Act, or to a <br /> section,provision or chapter of the Indiana Code or to any statute of the United States of America, <br /> 4 <br />
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