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135931 RESOLUTION NO. 13,593 2 3 A RESOLUTION TO AUTHORIZE THE ENTRY INTO A 4 SUPPLEMENTAL TRUST INDENTURE IN CONNECTION WITH THE 5 CITY OF LITTLE ROCK, ARKANSAS TAXABLE INDUSTRIAL 6 DEVELOPMENT REVENUE BONDS (WELSPUN TUBULAR LLC 7 PROJECT), $11,000,000 SERIES 2007 -A, $50,000,000 SERIES 2007 -B, 8 $39,000,000 SERIES 2007 -C, AND PROPOSED NOT TO EXCEED 9 $25,000,000 SERIES 2012 -D (SPIRAL); AND FOR OTHER PURPOSES. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the City of Little Rock, Arkansas has issued several series of taxable industrial development revenue bonds, and has adopted an ordinance authorizing the issuance of a series of taxable industrial development revenue bonds in principal amount not to exceed $25,000,000, pursuant to the Municipalities and Counties Industrial Development Revenue Bond Law, as amended, Ark. Code Ann. §§ 14 -164 -201 to -224 (the "Act'), to finance and refinance industrial facilities leased to and operated by Welspun Tubular LLC, a Delaware limited liability company (the "Company "), located at 9301 Frazier Pike, Little Rock, Arkansas 72206 (the "Project'); and, WHEREAS, the Company has requested the City to authorize entry into a Supplemental Indenture for the purpose of granting in favor of the Trustee of mortgage liens encumbering the Project and the granting of security interests in and the equipment and personal property located within the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. The Mayor, for and on behalf of the City, be, and he is hereby authorized and directed to execute and deliver a Supplemental Indenture, and the City Clerk is hereby authorized and directed to execute and acknowledge the Supplemental Indenture and to affix the seal of the City thereto, and the Mayor and City Clerk are hereby authorized and directed to cause the Supplemental Indenture to be accepted, executed, and acknowledged by the Trustee without further consent or approval by the City. The Supplemental Indenture is hereby approved in generally the form submitted to this meeting, and the Mayor is hereby authorized to confer with the Trustee and the Company in order to complete the Supplemental Indenture generally in that form submitted to this meeting, it being understood that subsequent changes thereto shall be approved by the Mayor or such other person or persons executing lPnce 1 OF 2] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 such documents, their execution to constitute conclusive evidence of such approval without further consent or approval by the City. Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this resolution, which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of this resolution. Section 3. Repealer. All ordinances or resolutions of the City in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: October 23, 2012 AT—, APPROVED• y,�ty Clerk AS TO LEGAL FORM: Wi iam C. Mann, III, Chief Deputy City Attorney H H H H H H H H H H H H H H H Mark Stodola, Mayor [PAGE 2 OF 21