10A-2A-13.40
Section 10A-2A-13.40 Other remedies limited. (a) The legality of a proposed or completed corporate
action described in Section 10A-2A-13.02(a) may not be contested, nor may the corporate action
be enjoined, set aside or rescinded, in a legal or equitable proceeding by a stockholder after
the stockholders have approved the corporate action. (b) Subsection (a) does not apply to
a corporate action that: (1) was not authorized and approved in accordance with the applicable
provisions of: (i) Article 9, 10, 11, or 12 of this chapter or Article 8 of Chapter 1; (ii)
the certificate of incorporation or bylaws; or (iii) the resolution of the board of directors
authorizing the corporate action; (2) was procured as a result of fraud, a material misrepresentation,
or an omission of a material fact necessary to make statements made, in light of the circumstances
in which they were made, not misleading; (3) is an interested transaction, unless it has been
recommended by the board of directors in the...
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11-101A-4
Section 11-101A-4 Incorporation of authority. (a) Within 60 days following the adoption of
the authorizing resolution, or, if there is more than one, the last adopted thereof, the applicants
shall proceed to incorporate an authority by filing for record, in the office of the judge
of probate of the county in which the principal office of the authority is to be located,
a certificate of incorporation complying in form and substance with this action, being in
the form and executed in the manner herein provided and being in the form approved by the
governing body of each authorizing subdivision. (b) In addition to any other provisions required
by this chapter to be included therein, the certificate of incorporation of an authority shall
state: (1) The names of the incorporators, together with the address of the residence of each
thereof, and that each of them is a duly qualified elector of the authorizing subdivision,
or, if there is more than one, at least one thereof. (2) The name of...
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11-47-216
Section 11-47-216 Certificate of incorporation of authorities - Form; execution and acknowledgment;
filing with probate judge; recordation by probate judge; amendment. (a) Within 40 days following
the adoption of the most recent authorizing resolution, the applicants shall proceed to incorporate
an authority by filing for record in the office of the judge of probate of the county in which
the principal office of the authority is to be located a certificate of incorporation which
shall comply in form and substance with the requirements of this article and which shall be
in the form and executed in the manner provided in this article and shall also be in the form
theretofore approved by the governing body of each authorizing subdivision. (b) The certificate
of incorporation of the authority shall be signed and acknowledged by the incorporators before
an officer authorized by the laws of the state to take acknowledgment to deeds. When the certificate
of incorporation is filed for...
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11-54-179
Section 11-54-179 Bonds of authority generally. (a) Source of payment. All bonds issued by
an authority shall be payable solely out of the revenues and receipts derived from the leasing
or sale by the board of its projects or of any thereof as may be designated in the proceedings
of the board under which the bonds shall be authorized to be issued. (b) Pledge of revenues,
receipts and other security. The principal of and interest on any bonds issued by an authority
shall be secured by a pledge of the revenues and receipts out of which the same may be payable
and may be secured by a mortgage and deed of trust or trust indenture conveying as security
for such bonds all or any part of the property of the authority from which the revenues or
receipts so pledged may be derived. The resolution under which the bonds are authorized to
be issued and any such mortgage and deed of trust or trust indenture may contain any agreements
and provisions respecting the operation, maintenance and insurance...
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11-54A-10
Section 11-54A-10 Bonds of authority. (a) Source of payment. All bonds issued by the authority
shall be payable solely out of the revenues and receipts derived from the leasing or sale
by the board of its projects or of any thereof as may be designated in the proceedings of
the board under which the bonds shall be authorized to be issued. (b) Pledge of revenues,
receipts and other security. The principal of an interest on any bonds issued by the authority
shall be secured by a pledge of the revenues and receipts out of which the same may be payable
and may be secured by a mortgage and deed of trust or trust indenture conveying as security
for such bonds all or any part of the property of the authority from which the revenues or
receipts so pledged may be derived. The resolution under which the bonds are authorized to
be issued and any such mortgage and deed of trust or trust indenture may contain any agreements
and provisions respecting the operation, maintenance and insurance of the...
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11-81-93
Section 11-81-93 Bonds for refunding of bonds outstanding or installments on serial bonds outstanding
- Authority for issuance. (a) The county commission of any county having bonds outstanding,
without an election, may issue bonds of the county for the purpose of refunding the bonds
to an amount not exceeding the principal amount of the bonds to be so refunded and also, without
an election, may issue bonds of the county from time to time for the purpose of refunding
installments of not less than one thousand dollars ($1,000) becoming due on outstanding serial
bonds heretofore or hereafter issued. (b) Notwithstanding subsection (a), a county commission
of any county, without an election, and no later than December 31, 2020, may issue bonds of
the county, limited in an amount as provided in subsection (a), for the purpose of refunding
bonds that were originally issued prior to January 1, 2011, to refund other bonds. The prior
refunding bonds are ratified and confirmed and given effect in...
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11-92C-9
Section 11-92C-9 Bonds of authority. (a) Source of payment. All bonds issued by an authority
shall be payable solely out of the revenues and receipts derived from the leasing or sale
by the board of its projects, or from any other source as may be designated in the proceedings
of the board under which the bonds are authorized to be issued. (b) Pledge of revenues, receipts,
and other security. The principal and interest on any bonds issued by an authority shall be
secured by a pledge of the revenues and receipts out of which the principal and interest may
be payable and may be secured by a mortgage and deed of trust or trust indenture conveying
as security for the bonds all or any part of the property of the authority from which the
revenues or receipts so pledged may be derived. (c) Resolutions. The resolution under which
the bonds of an authority are authorized to be issued and any mortgage and deed of trust or
trust indenture may contain any agreements and provisions respecting the...
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16-65-6
Section 16-65-6 Bonds generally. (a) Issuance of bonds. The authority is authorized and empowered
to issue its bonds from time to time for the purpose of making equipment loans to finance
equipment costs incurred or to be incurred by educational institutions. Such bonds may be
in such aggregate principal amount as the board of directors shall determine to be necessary
to pay the equipment costs included in such financing. The authority may pay from the proceeds
of the sale of its bonds all expenses, including publication and printing charges, attorneys'
fees, financial advisory fees, and other expenses which the board of directors may deem necessary
or advantageous in connection with the authorization, advertisement, sale, execution, and
issuance of its bonds or the making of equipment loans from the proceeds thereof. (b) Source
of payment. All bonds issued by the authority shall be limited obligations of the authority
payable solely from any combination of the following: (1) The...
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33-2-126
Section 33-2-126 General provisions relative to inland facilities bonds. In order to provide
funds for the purposes of this article, there are hereby authorized to be sold and issued
bonds of the state not exceeding $2,000,000.00 in aggregate principal amount, under and subject
to the provisions hereinafter set forth. The bonds shall be designated as inland facilities
bonds of the state. The bonds shall be general obligations of the state for payment of the
principal of and interest on which the full faith and credit of the state are hereby irrevocably
pledged. The bonds may be issued from time to time in one or more series, shall bear an appropriate
series designation, shall be in such form and denominations and of such tenor and maturities,
shall bear such rate or rates of interest payable in such manner, may contain provisions for
redemption prior to maturity, and may contain other provisions not inconsistent herewith,
all as shall be set forth in an order or resolution of the...
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33-2-156
Section 33-2-156 General provisions relative to inland facilities bonds. In order to provide
funds for the purposes of this article, there are hereby authorized to be sold and issued
bonds of the state not exceeding $10,000,000.00 in aggregate principal amount, under and subject
to the provisions hereinafter set forth. The bonds shall be designated as inland facilities
bonds of the state, series 1970. The bonds shall be general obligations of the state for payment
of the principal of and interest on which the full faith and credit of the state are hereby
irrevocably pledged. The bonds may be issued from time to time in one or more series, shall
bear an appropriate series designation, shall be in such form and denominations and of such
tenor and maturities, shall bear such rate of interest payable in such manner, may contain
provisions for redemption prior to maturity, and may contain other provisions not inconsistent
herewith, all as shall be set forth in an order or resolution of the...
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