83-78 RATIFYING AND APPROVING THE EXECUTION OF A PURCHASE CONTRACT AMONG THE CITY OF DECATUR, MACON COUNTY, ILLINOIS, DECATUR MEMORIAL HOSPITAL AND SMITH BARNEY, HARRIS UPHAM & CO. INC. AND OTHER UNDERWRITERS

Home Browse Search

. Exlubit IV to the Purchase Contr�act � � October , 1983 C11Y OF DECAT'UR One Civic Center Plaza Decatur,Illinois 62526 Deaz Sirs: The City of Decatur, Illinois (the "City") and the undersigned Decatur Memorial Hospital (the "Corporation") propose to enter into a Loan Agreement dated as of October 1, 1983 (the "Loan Agree- ment"). The Loan Agreement provides that the moneys to be loaned to the Corporation by the City thereunder will be applied in accordance with the provisions of a Bond Trust Indenture dated as of October 1, 1983 (the "Bond Indenture") between the City and American National Bank and Trust Company of Chicago (the "Bond Trustee"). The Corporation and The Citizens National Bank of Decatur propose fo enter into a Master Trust Indenture dated as of October 1, 1983 (the "Master In- denture") which provides for the issuance by the Corporation of its Direct Obligation Note, Series A (the "Series A Master Note") to evidence the loan to be made by the City to the Corporation. Pur- suant to a Purchase Contract dated October , 1983 (the "Purchase Contract") with you, which the Corporation has approved, the City proposes to sell to the Underwriters $ aggregate prin- cipal amount of its Hospital Facility Refunding Revenue Bonds, Series 1983 (Decatur Memorial � Hospital) (the "Bonds"). The Series A Master Note and certain of the City's rights under the Loan Agreement are assigned to the Bond Trustee in accordance with the provisions of the Bond Indenture � to secure the payaient of the Bonds, including the interest thereon. � In order to induce you to enter into the Purchase Contract and to issue the Bonds therein contemplated, the Corporation hereby-represents, warrants and agrees with you as follows: (a) The statements and information in the O�cial Statement, dated October , 1983 (the "O�cial Statement"), concerning or relating to the 1981 Project (as defined in the O�cial State- ment), the Facilities (as defined in the Master Indenture), the application of the proceeds of the loan by the City evidenced by the Series A Master Note, the effect of the Social Security Act Amendments of 1983 on the Corporation's revenues, the Corporation, its operations and other facilities are, as of the date thereof, true, correct and complete in all material respects. We hereby consent to the use of such statements and information in the Official Statement. With re- spect to the Corporation, the 1981 Project, the Corporation's Facilities and other facilities, the O�cial Statement dces not contain any statement or information that is untrue or inconect in any material respect and does not omit any statement or information that is necessary to make the statements and information therein not misleading in any material respect. (b) The Corporation is duly organized and validly existing as a not for profit corporation in good standing under the laws of the State of Illinois, with power and authority to conduct its business as described in the Official Statement and to consummate the transactions contem- plated by the Loan Agreement and the Master Indenture. (c) 'I'he Corporation's Facilities are located on the land described on Exhibit I to the Master . Indenture. (d) The Corporation has received and there are currently in full force and effect all permits, licenses, accreditations and certifications necessary to conduct its business as it is presently being ` conducted. (e) The Corporation has received and there remain currently in full force and effect, or will receive prior to the delivery of the Bonds, all governmental consents and approvals that would