Indenture; Loan Agreement. This Bond is one of an authorized issue of bonds (the "Bonds"), limited in aggregate principal amount to $10,000,000. The Bonds are issued under and governed by the Indenture of Trust dated as of August 1, 1995 (the "Indenture") between the Authority and Shawmut Bank Connecticut, National Association, Hartford, Connecticut, as Trustee and pursuant to a resolution of the Authority duly adopted July 11, 1995. THE TERMS AND PROVISIONS OF THE BONDS INCLUDE THOSE IN THE INDENTURE. BONDHOLDERS ARE REFERRED TO THE INDENTURE FOR A STATEMENT OF THOSE TERMS AND PROVISIONS. ANY CAPITALIZED TERMS USED HEREIN AND NOT OTHERWISE DEFINED SHALL HAVE THE SAME MEANINGS ASCRIBED TO SUCH TERMS IN THE INDENTURE. The Bonds are issued pursuant to and in full compliance with the Act which authorizes the execution and delivery of the Loan Agreement (as hereinafter defined) and the Indenture. The Bonds are being issued for the purpose of providing funds to refund, on a current basis, $10,000,000 aggregate principal amount Economic Development Bonds (Burlington Coat Factory Warehouse of New Jersey, Inc. - 1985 Project) of the New Jersey Economic Development Authority dated as of September 1, 1985 (the "Prior Bonds"), maturing on or after September 1, 1996 (the "Refunded Bonds") on September 1, 1995 (the "Project"), the proceeds of which Prior Bonds were used to finance a portion of a project which consisted of the acquisition of land and the construction of a building thereon to house the national distribution center of the Borrower, including the equipping of such building with rolling racks, conveyor systems and automated machinery, all located in the Township of Burlington, Burlington County, New Jersey (the "1985 Project"), and further providing, among other things, for the execution and delivery of the Indenture and the payment of necessary costs incidental thereto. To provide for the payment of the Bonds, the Authority and the Borrower have entered into a Loan Agreement dated as of the date of the Indenture (the "Loan Agreement"), under which the Borrower is obligated to pay, among other payments, all amounts coming due on the Bonds. The Authority has assigned all its rights except for certain Reserved Rights to such payments under the Loan Agreement to the Trustee as security for the Bonds. Executed counterparts of the Indenture, the Loan Agreement, the Reimbursement Agreement (as hereinafter defined), the Letter of Credit (as hereinafter defined) and all documents and instrum...
