civil or military disturbances,
nuclear or natural catastrophes or acts of God, and interruptions, loss or
malfunctions of utilities, communications or computer (software and hardware)
services; it being understood that the Trustee shall use reasonable efforts
which are consistent with accepted practices in the banking industry to resume
performance as soon as practicable under the circumstances.
Section 12.12.
U.S.A. Patriot Act.
The parties hereto acknowledge that in
accordance with Section 326 of the U.S.A. Patriot Act, the Trustee, like all
financial institutions and in order to help fight the funding of terrorism and
money laundering, is required to obtain, verify, and record information that
identifies each person or legal entity that establishes a relationship or opens
an account with the Trustee.
The parties to this Indenture agree that they will
provide the Trustee with such information as it may request in order for the
Trustee to satisfy the requirements of the U.S.A. Patriot Act.
89
IN WITNESS WHEREOF, the ILLINOIS FINANCE AUTHORITY has caused these presents to
be signed in its name and on its behalf by its Executive Director and its
corporate seal to be hereunto affixed and attested by its Secretary and to
evidence its acceptance of the trusts hereby created CITIBANK N.A., in its
capacity as Trustee, has caused these presents to be signed and attested in its
name and on its behalf by its duly authorized officers all as of the day and
year first above written.
ILLINOIS FINANCE AUTHORITY
By
/s/ Christopher B. Meister
Executive Director
[SEAL]
Attest:
By
/s/ Brendan M. Cournane
Secretary
CITIBANK N.A., Agency & Trust, as Trustee
By
/s/ Miriam Molinda
Its
Vice President
Attest:
By
/s/ Patricia Gallagher
Its
Vice President
90
EXHIBIT A
[FORM OF BOND]
REGISTERED
REGISTERED
NO. R-
$135,000,000
UNITED STATES OF AMERICA
STATE OF ILLINOIS
ILLINOIS FINANCE AUTHORITY
RECOVERY ZONE FACILITY REVENUE BOND
(NAVISTAR INTERNATIONAL CORPORATION PROJECT) SERIES 2010
INTEREST RATE
MATURITY DATE
DATED DATE
CUSIP NO.
6.50%
October 15, 2040
October 26, 2010
42500F 6F1
Registered Owner:
CEDE & CO.
Principal Amount:
ONE HUNDRED THIRTY-FIVE MILLION DOLLARS
THIS BOND AND THE OBLIGATION TO PAY PRINCIPAL, PREMIUM, IF ANY, AND INTEREST
HEREON, IS A SPECIAL, LIMITED OBLIGATION OF THE AUTHORITY, SECURED AS PROVIDED
HEREIN AND IN THE HEREINAFTER DEFINED INDENTURE AND PAYABLE SOLELY OUT OF THE
PAYMENTS MADE PURSUANT TO THE LOAN AGREEMENT AND THE SECURITY THEREFOR (AS SUCH
TERMS ARE HEREINAFTER DEFINED) AND AS OTHERWISE PROVIDED IN THE INDENTURE AND
THE LOAN AGREEMENT.
THIS BOND, AND THE OBLIGATION TO PAY PRINCIPAL, PREMIUM, IF
ANY, AND INTEREST HEREON, SHALL NOT BE DEEMED TO CONSTITUTE AN INDEBTEDNESS OR
AN OBLIGATION OF THE AUTHORITY, THE STATE OF ILLINOIS OR ANY POLITICAL
SUBDIVISION THEREOF, WITHIN THE PURVIEW OF ANY CONSTITUTIONAL OR STATUTORY
LIMITATION OR PROVISION, OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING
POWERS, IF ANY, OF ANY OF THEM.
THE AUTHORITY DOES NOT HAVE THE POWER TO LEVY
TAXES FOR ANY PURPOSES WHATSOEVER.
NO OWNER OF THIS BOND SHALL HAVE THE RIGHT
TO COMPEL ANY