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' � • <br /> M[31/a <br /> REVISED AS OF MARCH 18, 2004 <br /> COMMITMENT TO ISSUE A <br /> FINANCIAL GUARANTY INSURANCE POLICY <br /> Application No.: 2004-001245-001 <br /> Sale Date: March 15, 2004 <br /> Program Type: Competitive DP <br /> Re: $29,070,000 City of Decatur, Macon County, Illinois General Obligation Refunding Bonds, <br /> Series 2004B (the "Obligations") <br /> This commitment to issue a financial guaranty insurance policy (the "Commitment") dated <br /> March 18, 2004, constitutes an agreement between CITY OF DECATUR, MACON COLJNTY, <br /> ILLINOIS (the "Applicant") and MBIA Insurance Corporation (the "Insurer"), a stock insurance <br /> company incorporated under the laws of the State of New York. <br /> Based on an approved application dated February 24, 2004, the Insurer agrees, upon <br /> satisfaction of the conditions herein, to issue on the earlier of(i) 120 days of said approval date <br /> or (ii) on the date of delivery of and payment for the Obligations, a financial guaranty insurance <br /> policy (the "Policy") for the Obligations, insuring the payment of principal of and interest on the <br /> Obligations when due. The issuance of the Policy shall be subject to the following terms and <br /> conditions: <br /> 1. Payment by the Applicant, or by the Trustee on behalf of the Applicant, on the date of <br /> delivery of and payment for the Obligations, of a nonrefundable premium in the amount of <br /> $116,504.89 [.270% (premium rate) of $43,149,957.68 (total debt service)]. Please note that <br /> this in an all or none bid with Application No. 2004-001245-002. The premium set out in this <br /> paragraph shall be the total premium required to be paid on the Policy issued pursuant to this <br /> Commitment. <br /> 2. The Obligations shall have received the unqualified opinion of bond counsel with <br /> respect to the tax-exempt status of interest on the Obligations. <br /> 3. There shall have been no material adverse change in the Obligations or the Resolution, <br /> Bond Ordinance, Trust Indenture or other official document authorizing the issuance of the <br /> Obligations or in the final official statement or other similar document, including the financial <br /> statements included therein. <br /> 4. There shall have been no material adverse change in any information submitted to the <br /> Insurer as a part of the application or subsequently submitted to be a part of the application to the <br /> Insurer. <br /> 5. No event shall have occurred which would allow any underwriter or any other <br /> purchaser of the Obligations not to be required to purchase the Obligations at closing. <br /> 6. A Statement of Insurance satisfactory to the Insurer shall be printed on the Obligations. <br /> 7. Prior to the delivery of and payment for the Obligations, none of the information or <br /> documents submitted as a part of the application to the Insurer shall be determined to contain any <br /> untrue or misleading statement of a material fact or fail to state a material fact required to be <br /> stated therein or necessary in order to make the statements contained therein not misleading. <br /> f, <br /> 4y <br /> F <br />