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ORDINANCE NO. 1996 -2
ORDINANCE AUTHORIZING THE CITY OF GREENCASTLE TO ISSUE
UP TO $8,300,000 OF ITS VARIABLE RATE INDUSTRIAL
DEVELOPMENT REVENUE BONDS, SERIES 1996 (CROWN EQUIPMENT
CORPORATION PROJECT) AND APPROVING OTHER ACTIONS IN
RESPECT THERETO
WHEREAS, the Greencastle Economic Development
Commission (the "Commission ") has rendered its Project Report for
the Crown Equipment Corporation Project (the "Report ") regarding
the financing of proposed economic development facilities through
the issuance by the City of Greencastle, a municipal corporation
organized and validly existing under the laws of the State of
Indiana (the "Issuer "), of its Variable Rate Industrial
Development Revenue Bonds, Series 1996 (Crown Equipment
Corporation Project) in the aggregate principal amount of up to
$8,300,000 (the "Bonds ") for the benefit of Crown Equipment
Corporation, an Ohio corporation (the "Company "); and
WHEREAS, the Report has been sent to the Greencastle
o Plan Commission for comment; and
WHEREAS, the Commission conducted a public hearing on
January 17, 1996, and adopted a resolution on January 17, 1996,
which Resolution has been transmitted hereto, finding that the
financing of certain economic development facilities of the
Company complies with the provisions of Indiana Code, Title 36,
Article 7, Chapters 11.9 and 12 (the "Act ") and that such
financing will be of benefit to the health and welfare of the
Issuer and its citizens; and
WHEREAS, the Commission has heretofore approved and
recommended the adoption of this form of Ordinance by this Common
Council, has considered the issue of adverse competitive effect
and has approved the forms of and has transmitted for approval by
the Common Council the Loan Agreement, the Note, the Trust
Indenture, the Bonds, the Placement Agreement and the Preliminary
Private Placement Memorandum for the Bonds;
NOW THEREFORE, BE IT ORDAINED by the Common Council of
the City of Greencastle, Indiana (the "Governing Body "):
Section 1. Definitions In addition to the words and
terms elsewhere defined in this Ordinance and used herein as
defined words and terms, all capitalized words and terms as used
in this Ordinance shall have the meanings assigned to such words
® and terms in the Indenture or in the Loan Agreement herein
authorized, unless the context or use clearly indicates another
or different meaning or intent.
. Any reference herein to the Issuer, to the Governing
Body, or to any officers thereof, shall include any entity which
succeeds to its or their functions, duties or responsibilities
pursuant to or by operation of law. Any reference to a section
or provision of the Indiana Constitution or the Act or to a
section, provision or chapter of the Indiana Code shall include
such section or provision or chapter as from time to time
amended, modified, revised, supplemented, or superseded;
provided, however, that no such change in the Constitution or
laws (a) shall alter the obligation to pay the Revenues in the
amounts and manner, at the times, and from the sources provided
in the Ordinance and the Indenture, except as otherwise herein
permitted or (b) shall be deemed applicable by reason of this
provision if such change would in any way constitute an
impairment of the rights of the Issuer or the Company under the
Loan Agreement or the Indenture.
Unless the context shall otherwise indicate, words
importing the singular number shall include the plural number,
and vice versa, and the terms "hereof ", "hereby ", "hereto ",
"hereunder ", and similar terms, mean this Ordinance and the
Indenture.
Section 2. Determinations of Governing Bcdv The
Governing Body hereby finds and determines that (a) the financing
. of the economic development facilities referred to in the Loan
Agreement approved by the Commission and presented to the
Governing Body, the issuance of the Bonds, the loan of the
proceeds of the Bonds to the Company for the financing of the
acquisition, construction, installing, equipping, furnishing and
renovation of such facilities, the payment of the Bonds by the
payments of the Company under the Loan Agreement and Note
(subject to credit as provided in the Loan Agreement for payments
made pursuant to draws on the Letter of Credit), and the securing
of the Bonds by the Trust Indenture and the Letter of Credit
complies with the provisions and the purposes of the Act and will
be of benefit to the health and welfare of the Issuer and its
citizens and complies with the Act, (b) such economic development
facilities consist of an existing building located at 2600 State
Road 240 East, Greencastle, Indiana to be renovated by the
Company and manufacturing equipment to be acquired by the Company
and installed in such building, which are to be owned and
operated by the Company and used for the manufacture of lift
trucks (the "Project "), and (c) at the public hearing held by the
Commission, the Commission considered whether the Project would
have an adverse competitive effect on any similar facilities
located in or near the Issuer, and subsequently found, based on
special findings of fact set forth in the Resolution transmitted
hereto, that the Project would not have an adverse competitive
effect.
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" S e c t i o n 3 . F i n a n c i n g A g r e e m e n t T h e s u b s t a n t i a l l y
f i n a l f o r m s o f t h e L o a n A g r e e m e n t , t h e N o t e , t h e T r u s t I n d e n t u r e ,
t h e B o n d s , t h e P l a c e m e n t A g r e e m e n t a n d t h e P r e l i m i n a r y P r i v a t e
P l a c e m e n t M e m o r a n d u m f o r t h e B o n d s , a n d t h e f i n a n c i n g
c o n t e m p l a t e d t h e r e b y , a p p r o v e d b y t h e C o m m i s s i o n a r e h e r e b y
a p p r o v e d ( h e r e i n c o l l e c t i v e l y r e f e r r e d t o a s t h e "