10-1203. Terms, defined.
471 words·~2 min read·
/ne/chapter-10/10-1203A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of the Nebraska Governmental Unit Credit Facility Act:
(1)Authorizing statute means any statute which authorizes the issuance of bonds by a governmental unit;
(2)Bank means any federally chartered or state-chartered bank, savings and loan association, building and loan association, insurance company, or any other public or private agency which insures or guarantees the indebtedness of other persons or governmental units;
(3)Bond means any bond, note, interim certificate, evidence of bond ownership, bond anticipation note, warrant, or other evidence of indebtedness issued under any authorizing statute;
(4)Credit facility means any agreement or other instrument providing for a guarantee or other contractual arrangement providing direct or indirect assurance for payment of principal or interest or both principal and interest on any bond issued by a governmental unit, including, but not limited to, any letter of credit, contract of guarantee, contract of insurance, standby purchase contract, or any other contract for purchase or other agreement as to assurance of payment;
(5)Governmental unit means any county, school district, city, village, public power district, public power and irrigation district, community improvement district, sanitary and improvement district, educational service unit, community college area, natural resources district, airport authority, fire protection district, hospital district, hospital authority, housing authority, joint entity created under the Interlocal Cooperation Act, joint public agency created under the Joint Public Agency Act, instrumentality, or any other district, authority, or political subdivision of the State of Nebraska;
(6)Measure means any ordinance, resolution, or other enactment by a governmental unit, or any amendment or supplement to any such ordinance, resolution, or other enactment authorizing the issuance of bonds or authorizing an indenture with respect to bonds pursuant to an authorizing statute;
(7)Terms and conditions means the terms and conditions of a credit facility, which may include, but are not limited to,
(a)representations and warranties;
(b)payment of fees and expenses;
(c)reimbursement of amounts advanced and payment of interest on amounts advanced;
(d)holding harmless for additional taxes or increased costs payable by the credit facility provider;
(e)remarketing or resale of purchased bonds;
(f)indemnification for liabilities incurred by a credit facility provider;
(g)affirmative and negative covenants relating to bonds for which assurance is provided;
(h)provisions relating to defaults and remedies upon default; and
(i)such other provisions as may be determined by the governing body of a governmental unit to be either customary or appropriate in obtaining a credit facility; and
(8)United States governmental enterprise means any agency or instrumentality of the United States Government. For all purposes of the Nebraska Governmental Unit Credit Facility Act, the term United States governmental enterprise shall be conclusively construed as including, but not limited to, any of the Federal Home Loan Banks, the Federal National Mortgage Association, and the Federal Home Loan Mortgage Corporation.