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(e) Sale to the Authority. The Bonds may, in the discretion of the <br />Controller, based upon the advice of the Financial Advisor, be sold to the Authority. The <br />Board is hereby authorized to submit an application to the wastewater SRF loan program <br />(the "SRF Program") under Indiana Code 4-4-11 and Indiana Code 13-18-13. As a part <br />of said program, the Financial Assistance Agreement for the Bonds and the Project shall <br />be executed by the City and the Authority. The substantially final form of Financial <br />Assistance Agreement attached as Appendix B hereto and incorporated herein as if set <br />forth in this place is hereby approved by the Common Council, and the Mayor and the <br />Clerk are hereby authorized to execute the same on behalf of the City, and to approve any <br />changes in form or substance to the Financial Assistance Agreement, such approval to be <br />conclusively evidenced by its execution. The Financial Assistance Agreement may set <br />forth the definitive terms and conditions for such sale including the purchase price and <br />interest rate, but all of such terms and conditions must be consistent with the terms and <br />conditions of this Ordinance, including, without limitation, the interest rates on the Bonds <br />which shall not exceed the maximum rate of interest for the Bonds authorized pursuant to <br />this Ordinance. Bonds sold to the Authority shall be accompanied by all documentation <br />required by the Authority pursuant to Indiana Code 4-4-11 and Indiana Code 13-18-13, <br />and the Financial Assistance Agreement, including, without limitation, an approving <br />opinion of a nationally recognized bond counsel, certification and guarantee of signatures <br />and certification as to no litigation pending, as of the date of delivery of the Bonds to the <br />Authority, challenging the validity or issuance of the Bonds. In the event the Controller <br />determines to sell the Bonds to the Authority, the entry by the City into the Financial <br />Assistance Agreement and the execution of the Financial Assistance Agreement by the <br />-26- <br />BDDBOI 5738468v1 <br />