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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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ARTICLE VI <br /> SUPPLEMENTS AND AMENDMENTS TO THIS LOAN AGREEMENT;WAIVERS <br /> Section 6.01. Supplements and Amendments to This Loan Agreement; Waivers. Subject to <br /> the terms, conditions and provisions of Article X of the Indenture,the Borrower and the City may <br /> from time to time enter into supplements and amendments to this Loan Agreement. An executed <br /> copy of any such supplement or amendment shall be filed with the Trustee. In addition,the Trustee <br /> may,but shall not be required to,rely on an opinion of Counsel in connection with an amendment, <br /> change or modification to this Loan Agreement to be entered into pursuant to this Section 6.01. <br /> Section 6.02. Supplements and Amendments to the Intercreditor Agreement. The Borrower <br /> shall not amend, modify, terminate, waiver or consent to any amendment, modification, <br /> termination or waiver of the Intercreditor Agreement without the prior written consent of the <br /> Majority Holders. <br /> ARTICLE VII <br /> DEFEASANCE <br /> Section 7.01. Defeasance. If (a)the Borrower shall pay and discharge or provide, in a <br /> manner reasonably satisfactory to the City, for the payment and discharge of the whole amount of <br /> the principal of, premium, if any, and interest on the Series 2026A Note at the time outstanding, <br /> and shall pay or cause to be paid all other sums payable hereunder, or shall make arrangements <br /> reasonably satisfactory to the City for such payment and discharge; (b)the Borrower shall(i) have <br /> paid or caused to be paid all other sums then accrued and unpaid under this Loan Agreement, the <br /> Series 2026A Note and the Indenture; (ii)not be in default of any covenant which has resulted, or <br /> with the passage of time or the giving of notice, or both, gives rise to a reasonable possibility of <br /> resulting in the loss of the exclusion from federal gross income of the Owners thereof of interest <br /> paid on the Series 2026A Bonds otherwise afforded under Section 103(a) of the Code; and <br /> (iii)have kept,performed and observed in all and singular the covenants and promises in the Series <br /> 2026A Note and this Loan Agreement expressed to be kept, performed and observed by the <br /> Borrower; (c)the Series 2026A Bonds shall have been paid in full or provision therefor shall have <br /> been made as provided in the Indenture; and (d)provision has been made for the satisfaction and <br /> discharge of the Indenture as provided therein,then and in that case all property,rights and interest <br /> hereby conveyed or assigned or pledged shall revert to the Borrower and the estate,right,title and <br /> interest of the City therein shall thereupon cease, terminate and become void; and, except to the <br /> extent necessary to assure the maintenance of the exclusion of interest on the Series 2026A Bonds <br /> from the gross income of the Owners thereof in the Opinion of Bond Counsel acceptable to the <br /> City, this Loan Agreement, and the covenants of the Borrower contained herein, except as <br /> otherwise provided herein, including, without limitation, as provided in Sections 2.09 and 2.19 <br /> herein, shall be discharged and the City in such case on demand of the Borrower and at the <br /> Borrower's cost and expense, shall execute and deliver to the Borrower a proper instrument or <br /> proper instruments acknowledging the satisfaction and termination of this Loan Agreement, and <br /> shall convey,assign and transfer or cause to be conveyed,assigned or transferred,and shall deliver <br /> -29- <br />
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