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Provisions of bonds, trusts, indentures and mortgages - 64 Pa. Cons. Stat. § 6009Legal Research Home > Pennsylvania Statutes
§ 6009. Provisions of bonds, trusts, indentures and mortgages.
In connection with the issuance of bonds or the incurring of
obligations under leases and in order to secure the payment of
the bonds and obligations, the authority, in addition to its
other powers, shall have the power to:
(1) Pledge all or any part of its gross or net revenue
to which its right then exists or may thereafter come into
existence.
(2) Mortgage all or any part of its real or personal
property then owned or thereafter acquired.
(3) Covenant against pledging all or any part of its
revenue, or against mortgaging all or any part of its real or
personal property to which its right or title exists or may
come into existence, or against permitting or suffering a
lien on the revenue or property; covenant with respect to
limitations on its right to sell, lease or otherwise dispose
of any of its real property; and covenant as to what other or
additional debts or obligations may be incurred by it.
(4) Covenant as to the bonds to be issued and as to the
issuance of the bonds, in escrow or otherwise, and as to the
use and disposition of the proceeds of the bonds.
(5) Provide for the replacement of lost, destroyed or
mutilated bonds.
(6) Covenant against extending the time for the payment
of its bonds or interest on the bonds, redeem the bonds and
covenant for their redemption, and provide the terms and
conditions of the bonds.
(7) Covenant as to the amount of revenue to be raised
each year or other period of time by the authority as well as
to the use and disposition to be made of the revenue.
(8) Create or authorize the creation of special funds
for debt service or other purposes and to covenant as to the
use and disposition of the money held in the special funds.
(9) Prescribe the amount of bonds.
(10) Prescribe the procedure, if any, by which the terms
of a contract with bondholders may be amended or abrogated,
the percentage of bonds the consent of the holders of which
is required for amendment or abrogation and the manner in
which consent of bondholders may be obtained.
(11) Covenant as to the use of any or all of its real or
personal property, warrant its title and covenant as to the
maintenance of its real and personal property, the
replacement of the property, the insurance to be carried on
the property and the use and disposition of insurance money.
(12) Covenant as to the rights, liabilities, powers and
duties arising upon the breach by it of any covenant,
condition or obligation and covenant and prescribe, in the
event of default, as to terms and conditions upon which its
bonds or obligations shall become or may be declared due
before maturity and as to the terms and conditions upon which
declaration and its consequences may be waived.
(13) Vest in a trustee or the holders of bonds, or any
proportion of them, the right to enforce the payment of the
bonds or any covenants securing or relating to the bonds; and
vest in a trustee the right, in the event of a default by the
authority, to take possession and use, operate and manage any
real property and to collect the rent and revenue arising
from the property and to dispose of the rent and revenue in
accordance with the agreement of the authority with the
trustee.
(14) Provide for the powers and duties of a trustee;
limit liabilities of the trustee; and provide the terms and
conditions upon which the trustee or the holders of bonds, or
any proportion of them, may enforce any covenant or rights
securing or relating to the bonds.
(15) Obtain letters of credit and bond insurance.
(16) Negotiate and enter into interest rate exchange
agreements, interest rate cap, collar, corridor, ceiling and
floor agreements, forward agreements, float agreements and
other similar arrangements which, in the judgment of the
authority, will assist the authority in managing the interest
costs of the authority.
(17) Exercise all or any part or combination of the
powers granted under this chapter or under the former
provisions of the act of June 27, 1986 (P.L.267, No.70),
known as the Pennsylvania Convention Center Authority Act,
formerly codified at 53 Pa.C.S. Ch. 59 (relating to the
Pennsylvania Convention Center Authority); make covenants
other than and in addition to the covenants expressly
authorized in this chapter; and make covenants and to do any
and all such acts and things necessary or convenient or
desirable to secure its bonds or, in the absolute discretion
of the authority, as will tend to accomplish the purposes of
this chapter by making the bonds more marketable or by
managing the interest cost of the bonds, notwithstanding that
the covenants, acts or things may not be specifically
enumerated in this chapter.
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Last modified: November 27, 2007 |