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2026-35 An Ordinance Authorizing the Issuance and Sale of Revenue Bonds (Millikin University), Series 2026A of the City of Decatur, Macon County, Illinois, in an Aggregate Principal Amount not to Exceed $18,000,000; Authorizing the Execution
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2026-35 An Ordinance Authorizing the Issuance and Sale of Revenue Bonds (Millikin University), Series 2026A of the City of Decatur, Macon County, Illinois, in an Aggregate Principal Amount not to Exceed $18,000,000; Authorizing the Execution
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10/26/2026 2:45:40 PM
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10/26/2026 2:45:29 PM
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Resolution/Ordinance
Res Ord Num
2026-35
Res Ord Title
2026-35 An Ordinance Authorizing the Issuance and Sale of Revenue Bonds (Millikin University), Series 2026A of the City of Decatur, Macon County, Illinois, in an Aggregate Principal Amount not to Exceed $18,000,000; Authorizing the Execution
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City Manager
Approved Date
10/5/2026
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Property, (B)the operations, financials and other affairs of the Borrower, (C) the <br /> application by the Borrower of the proceeds to be received by it from the loan of the <br /> proceeds of sale of the Series 2026A Bonds, and (D) the participation by the Borrower in <br /> the transactions contemplated herein)do not contain any untrue statement of a material fact <br /> or omit to state a material fact necessary to make the statements contained therein or herein <br /> not misleading. There is no fact which has not been disclosed to the City and the Initial <br /> Purchaser Representative or otherwise disclosed by the Borrower to the City and the Initial <br /> Purchaser Representative in writing which materially adversely affects or, so far as the <br /> Borrower can now foresee, will materially adversely affect the financial condition of the <br /> Borrower, the tax-exempt status of the Borrower, the ability of the Borrower to own and <br /> operate the Financed Property or the Borrower's ability to make payments on the Series <br /> 2026A Note and under this Loan Agreement when and as the same become due and <br /> payable. <br /> (xi) The Borrower has any and all necessary licenses and permits to occupy and <br /> operate their existing facilities and has obtained,will obtain or will cause to be obtained all <br /> necessary licenses and permits to acquire, occupy and operate, as applicable, the Financed <br /> Property, as they become required. <br /> (xii) Compliance by the Borrower with the provisions of the Borrower <br /> Agreements will not involve,to the extent applicable,any prohibited transaction within the <br /> meaning of the Employee Retirement Income Security Act of 1974, as amended (herein <br /> sometimes referred to as "ERISA"), or Section 4975 of the Code. No "employee pension <br /> benefit plans," that are subject to Title IV of ERISA (herein sometimes referred to as <br /> "Plans"),maintained by the Borrower,nor any trust created thereunder,have incurred any <br /> "accumulated funding deficiency" as defined in Section 302 of ERISA, to the extent <br /> applicable and the present value of all benefits vested under all Plans,if any,did not exceed, <br /> as of the last annual valuation date, the value of the assets of the Plans allocable to such <br /> vested benefits. <br /> (xiii) No amounts shall be withdrawn from the Project Fund except to pay or to <br /> reimburse the Borrower for any Costs of the Project,or except as permitted in the Indenture <br /> and Loan Agreement. <br /> (xiv) The Borrower has all necessary consents and approvals to grant a security <br /> interest in the Trust Estate and there are no restrictions, limitations or encumbrances on <br /> such Trust Estate that prevents their application toward the payment of principal and <br /> interest on the Series 2026A Bonds or any exercise of remedies by the Trustee with respect <br /> to such Trust Estate. <br /> Section 2.03. Payment of Principal, Premium and Interest. The Borrower will duly and <br /> punctually pay the principal of,premium, if any, and interest on the Series 2026A Note at the dates <br /> and the places and in the manner mentioned in the Series 2026A Note and in this Loan Agreement, <br /> according to the true intent and meaning thereof and hereof. Notwithstanding any schedule of <br /> payments upon the Series 2026A Note set forth herein or in such Notes, the Borrower agrees to <br /> make payments upon the Series 2026A Note and to be liable therefor at times and in amounts <br /> -6- <br />
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