Authorizing City to issue Variable Rate Demand Economic Development Revenue Bonds

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or near the City of South Bend, and the facilities will be of benefit to the health and welfare of the citizens of the City of South Bend. Section 4. The substantially final forms of the Lease; the Loan Agreement; the Promissory Note; the Bond Purchase Agreement; the Preliminary Offering Memorandum; and the Trust Indenture approved by the South Bend Economic Development Commission are hereby approved (herein collectively referred to as the "Financing Agreement" referred to in I.C. 36-7-11.9 and 12), and the Financing Agreement shall be incorporated herein by reference and shall be inserted in the minutes of the Common Council and kept on file by the City Clerk. In accordance with the provisions of I.C. 36-1-5-4, two (2) copies of the Financing Agreement are on file in the office of the City Clerk for public inspection. Section 5. The City of South Bend shall issue its Bonds in the total principal amount not to exceed $1,400,000 and maturing no later than twenty (20) years from the date of the first principal payment thereon. Such Bonds are to be issued for the purpose of procuring funds to pay the costs of acquisition, construction and equipping of the economic development facilities as more particularly set out in the Trust Indenture and Loan Agreement, incorporated herein by reference, which Bonds will be payable as to principal, premium, if any, and interest from the note payments made by the Borrower under the Loan Agreement and Promissory Note or as otherwise provided in the above-described Trust Indenture. The Bonds shall be issued in fully registered form in denominations of $100,000 or any integral multiple in excess thereof or as otherwise provided in the Trust Indenture, and shall be redeemable as provided in Article II of the Trust Indenture. Payments of principal and interest are payable in lawful money of the United States of America by check or draft mailed or delivered to the registered owners or by wire transfer to an owner holding Bonds in 650745.3 - 3 -