2012-01 AUTHORIZING PARTIAL REISSUANCE AND CURRENT REFUNDING OF HOSPITAL FACILITY REVENUE BONDS, SERIES 2010

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T WHEREAS, the Hospital designated the Series 2010 Bonds as "Qualified Tax-Exempt Obligations" pursuant to and as defined in Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, the Hospital has requested that the purchasers of the Series 2010 Bonds (the "Purchasers") consider providing interest rate relief on the Series 2010 Bonds so as to reduce the total interest cost of the Series 2010 Bonds; and WHEREAS, the Purchasers have agreed to offer such reduction in the total interest cost of the Series 2010 Bonds in the form of interest rate reductions on a portion of the Series 2010 Bonds, on the condition that the Series 2010 Bonds remain "Qualified Tax-Exempt Obligations" pursuant to and as defined in Section 265(b)(3) of the Code; and WHEREAS, such interest rate reductions on a portion of the Series 2010 Bonds in the aggregate principal amount of $9,914,400 will constitute a reissuance and current refunding of that portion of the Series 2010 Bonds under the Code (the "Refunding"); and WHEREAS, in order to provide for the Refunding and the reregistration of the Series 2010 Bonds it is necessary for the City to authorize the execution of or approve the following described documents in substantially the forms now before this meeting: (1) a First Supplemental Bond Trust Indenture dated January 20, 2012 (the "Supplemental Bond Indenture") between the City and Hickory Point Bank & Trust, fsb, as bond trustee (the "Bond Trustee"); (2) a Seventh Supplemental Master Trust Indenture dated January 20, 2012 (the "Seventh Supplemental Master Indenture"), between the Hospital and U.S. Bank National Association, as successor master trustee (the "Master Trustee"); and (3) an Amendment to Tax Exemption Agreement dated January 20, 2012 (the "Amendment to Tax Exemption Agreement") among the City, the Hospital and the Bond Trustee; and WHEREAS, as security for the loan of the proceeds of the Series 2010 Bonds, the Hospital issued to the City one or more Direct Note Obligations (Decatur Memorial Hospital) (the "Series 2010 Obligations"); NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Decatur, Macon County, Illinois, as follows: Section 1. That the City is a home rule unit under the provisions of the 1970 Constitution of Illinois and, as a home rule unit, may, under the powers granted by Section 6(a) of Article VII thereof, "exercise any power and perform any function pertaining to its government and affairs." That this Ordinance is adopted pursuant to the City's home rule powers and in accordance with the Enabling Ordinance, any provisions contained in the Illinois Municipal Code to the contrary notwithstanding. 2