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AIJG - 1 0 - 9 � THU 1 � : 2T E �' ANS .4� FROEHL Z CH P . 0 � <br /> . y <br /> t�a�o�rmvM o� zrrr�'r�r <br /> THIS 1�MORANDUM oF IN1'ENT, made and entered into this <br /> day of , 1995, by and between the City of <br /> Decatur, Iilinois, a home rule tsnit of local qovernment lvcated <br /> in Macon County, Illinois (togethez with any asaiqnee, includinq, <br /> as the caae may be, the Illincis Development Financs Authority, <br /> hereinafter called the "Municipality"}, and Ring Can Corporation, <br /> a Tenr.essee corporatfon, together with Ringwood Containers, L.P. <br /> and other related persone and assiqns (the prospective <br /> '"BorroWer") . <br /> HAEREAS, the Municipality recoqnizes that it is <br /> necessary for the qeneral welfara and economy of the public that <br /> the Municipality endeavor to provide opportunities for industriai <br /> and other economic development; and <br /> NREREAS, the Municipelity is authorized under the <br /> provisione of the Induetrial Project Revenue Sond Act (as <br /> supplemented and amended, includinq under 5ection 6 of Articie <br /> VII of the Constitution of Illinois, the "Act"} to fssue its <br /> revenue bonds i.n order to provide fund$ to acguire, cons�ruct, <br /> improve, equip, or extend certain "projects", in order to relieve <br /> condition� of unempioyment and to encouzage industrial and other <br /> economic development within the Municipality, among other thinqs, <br /> thereby reducinq the evils attendant upon unemplvyment; and <br /> 4�AEREAS, in order to induce the 8arrower to acquire and <br /> install machinery for the manufact�lrinq of plastic bottZ�s and <br /> other producta, and related and appurten�zt facilities, to be <br /> located at 2454 Hubbard Avenue in Decatur, Illinois (the <br /> "project"j , and to lmplement the publ3c purposes enumerated in <br /> the Act, the Muni.cipality has indicated ita intent to issue its <br /> revenue bonds up to the aqqregate principal amount of $3,000,000 <br /> under and pursuant to the provisions of the Act, and to appLy the <br /> proceeds therefrom to the payment of tha costs of acquirinq, <br /> constructinq and installinq the Pra3ect; and <br /> F1�REAS, the Borrower, after considering a nun:ber of <br /> possible locations within and without the State o� Illinoia, and <br /> in reliance ugon the intent of the Municipality ta finance the <br /> Project, including the expenses incident thereto, through the <br /> issuance of ita revenue bonds under the provis3ons of the Act, <br /> has determined to acquire, conatruct and instali the Prvject in <br /> the City of Dacatur, Illinois; and <br /> h1�REAS, it fa now deemed advisab2e to expresa formaliy <br /> and in writinq the understandinq heretofore informally di�cussed <br /> by the parties hereto: <br /> NoN, TBEREFORE, iN CoNSIDERATION oE � PREi�lISES A�ID OF <br /> Ti� 1'�JT(IAL UPmERTARINGS HEREII+� E7�YRESSID, T.HE PARTIES HERETO <br /> RECOGNIZE AND INTEND, as followa: <br />