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2008-11-01
CITY-OF-BATESVILLE
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2008-11-01
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• that in which such interest payment shall fall(the"Record Date"), at his address as it appears on the <br /> bond registration books of the Issuer kept by the Trustee. <br /> This Bond is one of a series of Bonds in the aggregate principal amount of$ <br /> (the"Bonds"),issued for the purpose of financing the cost of acquiring,constructing and equipping <br /> an industrial project within the boundaries of the Issuer (the "Project"), for use by Scroll <br /> Compressors LLC,a Delaware limited liability company(the"Company"),and paying the expenses <br /> of issuing the Bonds. The Bonds are all issued under and are all equally and ratably secured and <br /> entitled to the protection given by a Trust Indenture dated as of December 1,2008(the"Indenture"), <br /> duly executed and delivered by the Issuer to the Trustee. The Indenture provides that the Issuer may <br /> hereafter issue Additional Bonds from time to time under certain terms and conditions contained in <br /> the Indenture and, if issued, such Additional Bonds will be equally and ratably secured by and <br /> entitled to the protection of the Indenture. Reference is hereby made to the Indenture and all <br /> indentures supplemental thereto for the provisions,among others, with respect to the nature and <br /> extent of the security,the rights, duties and obligations of the Issuer,the Trustee and the registered <br /> owners of the Bonds, and the terms upon which the Bonds are issued and secured. The terms and <br /> conditions of the financing of the Project,the use of the proceeds of the Bonds by the Company for <br /> such purpose, and the payment of certain amounts thereunder, are contained a Lease Agreement <br /> dated as of December 1,2008(the"Lease Agreement"),by and between the Issuer and the Company. <br /> The Bonds are issued pursuant to and in full compliance with the laws of the State of <br /> Arkansas,particularly Title 14,Chapter 164,Subchapter 2 of the Arkansas Code of 1987 Annotated <br /> • (the"Act'),and pursuant to an ordinance of the Issuer which authorized the execution and delivery <br /> of the Indenture. The Bonds and the interest thereon do not constitute an indebtedness of the Issuer <br /> within the meaning of any constitutional or statutory limitation. <br /> The Bonds are not general obligations of the Issuer but are special obligations payable solely <br /> from revenues derived from the Lease Agreement. The Lease Agreement provide for lease payments <br /> by the Company in amounts sufficient to provide for'the payment of the principal of and interest on <br /> the Bonds as due and payable. Provision has been made in the Lease Agreement for such payments <br /> to be paid directly to the Trustee and deposited in a special account of the Issuer designated"Taxable <br /> Industrial Development Revenue Bond Fund-Scroll Compressors LLC Project,"and such payments <br /> have been duly assigned to the Trustee for that purpose. All the rights and interest of the Issuer in <br /> and to the Lease Agreement(except for certain rights specified in the Indenture)have been assigned <br /> under the Indenture to the Trustee to secure the payment of the principal of and interest on the <br /> Bonds. <br /> The owner of this Bond shall have no right to enforce the provisions of the Indenture or to <br /> institute action to enforce the covenants therein, or to take any action with respect to any event of <br /> default under the Indenture, or to institute, appear in and defend any suit or other proceeding with <br /> respect thereto, except as provided in the Indenture. In certain events, on the conditions, in the <br /> manner and with the effect set forth in the Indenture,the principal of this Bond may be declared and <br /> may become due and payable before the stated maturity thereof, together with accrued interest <br /> • thereon. <br /> 52 <br />
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