Sec. 44.88.100. Trust indentures and trust agreements.

444 words·~2 min read·/ak/title-44/chapter-88/44-88-100

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In the discretion of the authority, an issue of bonds may be secured by a trust indenture or trust agreement between the authority and a corporate trustee (which may be a trust company, bank, or national banking association, with corporate trust powers, located inside or outside the state) or by a secured loan agreement or other instrument or under a resolution giving powers to a corporate trustee (hereinafter in this section referred to as “trust agreement”) by means of which the authority may

(1)make and enter into any and all the covenants and agreements with the trustee or the holders of the bonds which the authority may determine to be necessary or desirable, including, without limitation, covenants, provisions, limitations, and agreements as to

(A)the application, investment, deposit, use, and disposition of the proceeds of bonds of the authority or of money or other property of the authority or in which it has an interest;

(B)the fixing and collection of rents or other consideration for and the other terms to be incorporated in a lease or contract of sale of a project or development project financed under AS 44.88.155 — 44.88.159 or 44.88.172 — 44.88.177;

(C)the assignment by the authority of its rights in the lease or contract of sale of a project or development project financed under AS 44.88.155 — 44.88.159 or 44.88.172 — 44.88.177 or in a mortgage or other security interest created with respect to a project or development project financed under AS 44.88.155 — 44.88.159 or 44.88.172 — 44.88.177 to a trustee for the benefit of bondholders;

(D)the terms and conditions upon which additional bonds of the authority may be issued;

(E)the vesting in a trustee of rights, powers, duties, funds, or property in trust for the benefit of bondholders, including, without limitation, the right to enforce payment, performance, and all other rights of the authority or of the bondholders under a lease, contract of sale, mortgage, security agreement, or trust agreement with respect to a project or development project financed under AS 44.88.155 — 44.88.159 or 44.88.172 — 44.88.177 by mandamus or other proceeding or by taking possession of by agent or otherwise and operating a project or facility and collecting rents or other consideration and applying the same in accordance with the trust agreement;

(2)pledge, mortgage, or assign money, leases, agreements, property, or other assets of the authority either presently in hand or to be received in the future, or both; and

(3)provide for any other matters of like or different character which in any way affect the security or protection of the bonds.