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r rìRTìTl\lllNí'J? Nn if 1QA7 ORDINANCE NO,/~-1987 -- AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE MORTGAGE AND INDENTURE OF TRUST GRANTED BY NICE-PAK PRODUCTS, INC, AND TOWN OF MOORESVILLE, INDIANA TO THE INDIANA NATIONAL BANK, AS TRUSTEE, DATED AS OF JULY 1, 1981, AS AMENDED ON DECEMBER 31, 1984 AND AUTHORIZING NICE-PAK PRODUCTS, INC. TO MORTGAGE THE PROJECT FACILITIES WHEREAS, the Town of Mooresville, Indiana, authorized the issuance of $3,035,000 Economic Development First Mortgage Revenue Bonds Series 1981 (Nice-Pak Products, Inc,) of the Town of Mooresville, Indiana (the "Bonds"), and such Bonds were issued pursuant to and secured by a certain Mortgage and Indenture of Trust made and entered into as of July 1, 1981, among the Town of Mooresville, a municipal corporation organized and existing under the laws of the State of Indiana (the "Town of Mooresville"), Nice-pak Products, Inc" a corporation organized and existing under the laws of the State of New York and qualified to do business in the State of Indiana (the "Company"), and The Indiana National Bank, a bank organized and existing under the laws of the United States, with its principal office located in Indianapolis, Indiana, as trustee (the "Trustee"), as amended by a certain Supplemental Indenture and First Amendment to the Mortgage and Indenture of Trust by the Company and Town of Mooresville to the Trustee, dated as of December 31, 1984 (collectively hereinafter referred to as the "Indenture"); and WHEREAS, the Company desires to obtain the consent of the Town of Mooresville so that the Company may mortgage the Project Facilities on the condition that such mortgage provides that it is subject and subordinate to the lien created pursuant to the Indenture, as amended; and , ' WHEREAS, the Company desires to amend the Indenture in accordance with the Supplemental Indenture and Second Amendment to the Mortgage and Indenture of Trust by the Company and Town of Mooresville to the Trustee, dated as of June 1, 1987, in the form attached hereto, marked as Exhibit A and incorporated herein by reference (hereinafter referred to as the "Second Amendment") in order to permit the Company to sell, convey, mortgage, encumber or otherwise dispose of any part of the Project Facilities (as defined in the Indenture) upon the written consent of the holders of the Bonds issued pursuant to the Indenture which consent shall not be unreasonably withheld; and