16-18A-4
Section 16-18A-4 Powers and duties. The purpose of the authority shall be to assist institutions
for higher education in the construction, financing and refinancing of the projects. The exercise
by the authority of the powers conferred by this chapter shall be deemed and held to be the
performance of an essential public function. For the purpose of this chapter, the authority
shall have the powers and duties set forth in this section. (1) To adopt an official seal
and alter the same at its pleasure. (2) To sue and be sued in contract and in tort and to
complain and defend in all courts of law and equity. (3) To maintain an office at such place
or places as it may designate. (4) To determine the location and character of any project
financed under this chapter, to acquire, construct, reconstruct, remodel, maintain, manage,
enlarge, alter, add to, repair, operate, lease as lessee or lessor, sell or otherwise dispose
of, any project in any manner it deems to the best advantage of the...
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41-10-44.6
Section 41-10-44.6 Project obligations generally. (a) Issuance of project obligations. The
authority is authorized and empowered to issue its project obligations from time to time for
the purpose of financing one or more projects in such aggregate principal amount as the board
of directors shall determine to be necessary to provide for all or a portion of the project
costs of the project or projects being financed and to pay the expenses of issuing the project
obligations. (b) Source of payment. All project obligations issued by the authority shall
be limited obligations of the authority payable solely from any combination of the following:
(1) The revenues and receipts of the authority derived from the financing agreement or agreements
entered into by the authority with respect to the project or projects financed by such project
obligations; (2) the income or proceeds realized by the authority under any mortgage or other
security granted to the authority; (3) amounts derived from any...
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11-55-4
Section 11-55-4 Bonds - Security for payment of principal and interest. The principal of and
interest on any bonds issued under the authority of this chapter shall be secured by a pledge
of the revenues out of which such bonds shall be made payable, may be secured by a mortgage
covering all or any part of the project from which the revenues so pledged may be derived
and may be secured by a pledge of the lease of such project. The proceedings under which such
bonds are authorized to be issued or any such mortgage may contain any agreements and provisions
customarily contained in instruments securing bonds, including, without limiting the generality
of the foregoing, provisions respecting the fixing and collection of rents for any project
covered by such proceedings or mortgage, the terms to be incorporated in the lease of such
project, the maintenance and issuance of such project, the creation and maintenance of special
funds from the revenues from such project and the rights and...
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11-57-20
Section 11-57-20 Remedies upon default on bonds, lease agreements, etc. (a) In event of default
on the bonds. If there should be any default in the payment of the principal of or interest
on any bonds issued under this chapter, then the holder of any of the bonds and of any of
the interest coupons applicable thereto and the trustee under any indenture, or any one or
more of them, may by mandamus, injunction or other proceedings compel performance of all duties
of the officers and directors of the authority with respect to the use of funds for the payment
of the bonds and for the performance of the agreements of the authority contained in the proceedings
under which they were issued, shall be entitled to a judgment against the authority for the
principal of and interest on the bonds so in default and, regardless of the sufficiency of
the security for the bonds in default and as a matter of right, shall be entitled to the appointment
of a receiver to make lease agreements respecting the...
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11-99B-9
Section 11-99B-9 Contracts to secure payment of principal and interest. As security for payment
of the principal of and the interest on bonds issued or obligations assumed by it, the district
may enter into a contract or contracts binding itself for the proper application of the proceeds
of bonds and other funds, for the continued operation and maintenance of any project owned
by it or any part or parts thereof, for the imposition and collection of reasonable rates,
licences, rentals, fees and charges for and the promulgation of reasonable regulations respecting
any such project, for the disposition and application of its gross revenues or any part thereof,
and for any other act or series of acts not inconsistent with the provisions of this chapter
for the protection of the bonds and other obligations being secured and the assurance that
the revenues from such project will be sufficient to operate such project, maintain the same
in good repair and in good operating condition, pay the...
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22-21-150
Section 22-21-150 Bonds - Default. (a) In event of default on bonds. If there should be any
default in the payment of the principal of, or interest on, any bonds issued under this article,
then the holder of any of the bonds, and of any of the interest coupons applicable thereto,
and the trustee under any indenture, or any one or more of them: (1) May, by mandamus, injunction
or other proceedings, compel performance of all duties of the officers and directors of the
authority with respect to the use of funds for the payment of the bonds and for the performance
of the agreements of the authority contained in the proceedings under which they were issued;
(2) Shall be entitled to a judgment against the authority for the principal of, and interest
on, the bonds so in default; and (3) Regardless of the sufficiency of the security for the
bonds in default and as a matter of right, shall be entitled to the appointment of a receiver:
a. To make lease agreements respecting the project out of...
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11-20-5
Section 11-20-5 Bonds - Form, terms, denominations, etc.; execution, sale, delivery, redemption,
etc.; applicability of usury, etc., laws. All bonds issued by a county under authority of
this article shall be limited obligations of the county, the principal of and interest on
which shall be payable solely out of the revenues derived from the leasing of the project
to finance which the bonds are issued. Bonds and interest coupons issued under authority of
this article shall never constitute an indebtedness of the county within the meaning of any
state constitutional provision or statutory limitation and shall never constitute nor give
rise to a pecuniary liability of the county or a charge against its general credit or taxing
powers, and such fact shall be plainly stated on the face of each such bond. Such bonds may
be executed and delivered at any time and from time to time, may be in such form and denominations,
may be of such tenor, may be in registered or bearer form either as to...
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11-20-6
Section 11-20-6 Bonds - Security for payment of principal and interest; remedies upon default.
The principal of and interest on any bonds issued under the authority of this article shall
be secured by a pledge of the revenues out of which such bonds shall be made payable, may
be secured by a mortgage covering all or any part of the project from which the revenues so
pledged may be derived and may be secured by a pledge of the lease of such project. The proceedings
under which such bonds are authorized to be issued or any such mortgage may contain any agreements
and provisions customarily contained in instruments securing bonds, including, without limiting
the generality of the foregoing, provisions respecting the fixing and collection of rents
for any project covered by such proceedings or mortgage, the terms to be incorporated in the
lease of such project, the maintenance and insurance of such project, the creation and maintenance
of special funds from the revenues from such project...
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11-50A-20
Section 11-50A-20 Trust agreement. In the discretion of the authority, any issue of bonds may
be secured by a trust agreement or indenture made by the authority with a corporate trustee,
which may be any trust company or bank within or without the state having the powers of a
trust company. The trust agreement or indenture may pledge or assign any revenues to be received
by the authority and any proceeds which may be derived from the disposition of any real or
personal property of the authority or proceeds of insurance carried thereon. The resolution
providing for the issuance of bonds and the trust agreement or indenture may contain any provisions
the authority deems necessary or appropriate for protecting and enforcing the rights and remedies
of the bondholders, including the right of appointment of a receiver upon default in the payment
of any principal or interest obligation and the right of any receiver or trustee to enforce
collection of any rates, fees, tolls, charges, or...
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11-99B-11
Section 11-99B-11 Establishment and revision of rentals, licenses, rates, fees, and charges
for services or facilities rendered by district. Rates, fees, charges, rentals, and licenses
for services rendered by the district or facilities provided by the district from any of its
projects shall be so fixed and, from time to time, revised as at all times to provide funds
at least sufficient, taking into account other sources for the payment thereof, to: (1) Pay
the cost of operating, maintaining, repairing, replacing, extending, and improving the project
or projects of the district. (2) Pay the principal of and the interest on all bonds issued
and obligations assumed by the district that are payable out of the revenues derived from
operation of the project or projects of the district as the said principal and interest become
due and payable. (3) Create and maintain such reserves for the foregoing purposes or any of
them as may be provided in any trust indenture executed by the district...
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