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Approving Issuance of Bonds of the South Bend Redevelopment District
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Approving Issuance of Bonds of the South Bend Redevelopment District
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5/2/2014 11:27:09 AM
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5/2/2014 11:22:46 AM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
4/28/2014
Ord-Res Number
4354-14
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interest thereon at the rate specified in the Credit Facility and/or <br />the related Credit Facility Agreement. <br />(vii) The repayment of the draw amount, related expenses and accrued <br />interest (the "Credit Facility Costs ") shall be paid from the funds <br />that would have been set aside above to replenish the Reserve <br />Fund. <br />(viii) Except as otherwise provided in the Credit Facility Agreement, <br />repayment of the Credit Facility Costs shall commence in the first <br />month following each draw, in an amount equal to no less than one <br />twelfth (1/12) of the aggregate Credit Facility Costs related to such <br />draw ( "Monthly Installments "). Each Monthly Installment shall be <br />deposited into the Reserve Fund, and then payments shall be made <br />from the Reserve Fund to pay Credit Facility Costs. If and to the <br />extent cash has been deposited to the Reserve Fund (other than <br />Monthly Installments to pay Credit Facility Costs), all such cash <br />(or permitted investments) shall be used prior to any drawing under <br />the Credit Facility therein, and repayment of any Credit Facility <br />Costs shall be made prior to replenishment of any such cash <br />amounts. If, in addition to the Credit Facility in the Reserve Fund, <br />any other reserve account substitute instrument ( "Additional Credit <br />Facility ") is provided, drawings under the Credit Facility and any <br />such Additional Credit Facility, and repayment of Credit Facility <br />Costs and reimbursement of amounts due under the Additional <br />Credit Facility, shall be made on a pro -rata basis (calculated by <br />reference to the maximum amounts available thereunder) after <br />applying all available cash therein and prior to replenishment of <br />any such cash draws, respectively. <br />(e) Investment of Funds. All money available hereunder for the payment of <br />debt service on bonds shall be held in trust for the benefit of the holders of the bonds and shall be <br />applied, used and withdrawn in accordance with this Section 8. The proceeds of the funds and <br />accounts described below shall be deposited with a legally qualified depository or depositories <br />for funds of the Commission as now provided by law and shall be segregated and kept separate <br />and apart from all other funds of the District and the Commission and may be invested in <br />accordance with applicable provisions of Indiana law. <br />SECTION 9. Reduction of Special Tax Levy and Pledge of Certain Other Revenues. <br />The amount of the levy under Ind. Code § 36- 7 -14 -27 each year of the Special Tax applicable to <br />making payments on the 2014 Bonds as set forth in the budget of the Commission formulated <br />pursuant to Ind. Code § 36- 7 -14 -28 shall be reduced, as provided in Ind. Code § 36- 7- 14 -27, by <br />revenues of or available to the Commission to the extent such revenues have been set aside and <br />designated by the Commission for such purpose in the account of the Bond Fund hereby created <br />and designated as the "Revenues Account." The Commission hereby covenants to levy the <br />Special Tax each year payments are due with respect to the 2014 Bonds to the extent the <br />revenues of or available to the Commission, and set aside and designated by the Commission as <br />described herein, are not sufficient to timely pay the principal of and interest on the 2014 Bonds. <br />14 <br />
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