9951-09 Authorizing the aquisitions, constructions and installation of certain improvements and extensions

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APPENDIX B TO THE BOND ORDINANCE FORM OF FINANCIAL ASSISTANCE AGREEMENT STATE OF INDIANA WASTEWATER REVOLVING LOAN PROGRAM FINANCIAL ASSISTANCE AGREEMENT made as of this day of 2009 by and between the Indiana Finance Authority '(the "Finance Authority"), a body politic and corporate, not a state agency but an independent instrumentality of the State of Indiana (the "State") and the City of South Bend, Indiana (the "Participant"),apolitical subdivision as defined in I.C. 13-11-2-164 and existing under I.C. 36-4, witnesseth: WHEREAS, the State's Wastewater Revolving Loan Program (the "Wastewater SRF Program") has been established in accordance with the federal Clean Water Act and the regulations promulgated thereunder, and pursuant to I.C. 13-18-13 (the "Wastewater SRF Act"), which Wastewater SRF Act also establishes the wastewater revolving loan fund (the "Wastewater SRF Fund"); and .WHEREAS, pursuant to the Wastewater SRF Act, the State was authorized to fund the Wastewater SRF Program with federal capitalization grants, together with required state matching funds therefor, and to operate the Wastewater SRF Program, and prior to May 15, 2005 so funded and operated the Wastewater SRF Program; and WHEREAS, the Indiana Bond Bank (the "Bond Bank") has had a longstanding commitment to finance water quality and drinking water projects for qualified entities by issuing its bonds, pursuant to I.C. 5-1.5, for the purpose of buying securities of such qualified entities and financed by the Wastewater SRF Program, including the required state matching funds, and prior to May 15, 2005 so financed the Wastewater SRF Program; and WHEREAS, pursuant to Public Law 235 - 2005, by operation of law and effective May 15, 2005, the Finance Authority has become the successor to the State in all matters related to the Wastewater SRF Program (including use and acceptance of federal capitalization grants and required state matching funds and operation of the Wastewater SRF Program) and to the Bond Bank in all matters related to the financing of the Wastewater SRF Program (including the Bond Bank's outstanding State Revolving Fund Program Bonds and securities of all qualified entities purchased with the proceeds of such bonds); and WHEREAS, the Participant is a duly existing political subdivision of the State, lawfully empowered to undertake all transactions and execute all documents mentioned or contemplated herein; and B-1 BDDBOI 5738468v1