2010-79 PROVIDING FOR THE ISSUANCE OF FOUR SERIES OF GENERAL OBLIGATION BONDS

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t T l "Code" means the Internal Revenue Code of 1986, as amended. "Council" means the Council of the City. "County Clerk" means the County Clerk of The County of Macon, Illinois. "Ordinance" means this Ordinance, numbered as set forth on the title page hereof, and passed by the Council on the 15th day of November, 2010. "Paying Agent" means The Bank of New York Mellon Trust Company, National Association, Chicago, Illinois, or a successor thereto or a successor designated as Paying Agent hereunder. "Pledged Taxes" means the taxes levied on the taxable property within the City to pay principal of and interest on the Bonds as provided in Section 9 hereof. "Private Business Use" means any use of any portion of the 2010B Project by any person other than a state or local governmental unit, including as a result of (i) ownership, (ii) actual or beneficial use pursuant to a lease or a management, service, incentive payment, research or output contract or (iii) any other similar arrangement, agreement or understanding, whether written or oral, except for use of any portion of the 2010B Project on the same basis as the general public. "Private Business Use" includes any formal or informal arrangement with any person other than a state or local governmental unit that conveys special legal entitlements to any portion of the 2010B Project that is available for use by the general public or that conveys to any person other than a state or local governmental unit any special economic benefit with respect to any portion of the 2010B Project that is not available for use by the general public. "Recovery Zone Development Payments" means the payments received by the City directly from the Secretary of the U.S. Treasury pursuant to Section 6431 of the Code. The amount of the Recovery Zone Development Payment is set in Section 1400U-2 of the Code at 45 percent of the corresponding interest payment on the 2010B Recovery Zone Bonds. -8-