Bonds: powers of the Corporation with respect to industrial revenue bonds

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  • In any resolution or resolutions authorizing the issuance of bonds, the Corporation may contract with the holders of bonds to undertake and obligate itself of such commitments, as long as the bonds are outstanding and unpaid, as are deemed by the Board to be necessary and appropriate for the protection of the bondholders and the marketability of the bonds, and may specifically in addition to any other provisions—
    • (a) covenant as to the disposition of the revenues and present or future income of the Corporation received from the lease, sale or their disposition of a project or moneys received under a loan agreement including the pledging of all or any part thereof and the mortgaging of all or any part thereof and the mortgaging of a project to secure payment of the bonds and the interest thereon;

    • (b) covenant against making, permitting or suffering any pledge, mortgage or other lien on all or any part of its receipts, revenues or other income, or real or personal property, to which its right or title then exists or may thereafter come into existence; covenant with respect to limitations on any sale, lease or other disposition of the Corporation property or any part or parts thereof; and covenant as to what other or additional debts or obligations may be incurred by it;

    • (c) covenant as to the bonds then or thereafter to be issued, as to the issuance of such bonds in escrow or otherwise, as to the use and disposition of the proceeds thereof, and as to the limitations on the issuance of additional bonds; covenant against extending the time for the payment of its bonds or interest thereon; and covenant for redemption of the bonds and provide for the terms and conditions thereof;

    • (d) covenant as to the rates, fees, rentals and other charges to be fixed and collected, the amount to be raised each year or other period of time thereby, and as to the use and disposition to be made thereof;

    • (e) create or authorize the creation of special funds or reserves for monies held for construction or operating costs, debt service, reserves, or other purposes; and covenant as to the use, disposition and investment of the monies held in such funds;

    • (f) covenant as to the use, maintenance and replacement of any or all of its real or personal property, the amount and kind of insurance to be carried thereon and the use and disposition of insurance monies;

    • (g) prescribe the procedure, if any, by which the terms of the bonds, resolution, or any other contract with the bondholders may be modified, the amount of bonds, the holders of which must consent thereto, and the manner in which such consent may be given;

    • (h) covenant as to and prescribe the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived;

    • (i) covenant as to the rights, liabilities, powers and duties arising upon the nonperformance by the Corporation of any of its covenants, conditions, or obligations, including the right and remedies of bondholders which may be in addition to remedies specified in this chapter;

    • (j) vest in a trustee or trustees the right to enforce the payment of the bonds or any covenants securing or relating to the bonds and the right, in the event of a default by the Corporation, to take possession of and use, operate and manage the projects of the Corporation or any part or parts thereof or any funds connected therewith (except funds loaned or granted to the Corporation by the Government of the Virgin Islands) and to collect the rates, fees, revenues, or other income arising therefrom and to dispose of such moneys in accordance with the agreement of the Corporation with the holders of the bonds; to provide for the powers and duties of such trustee or trustees which may be a national banking association or a bank or trust company organized under the laws of the United States or of the Virgin Islands or any state, commonwealth or territory of the United States, and limit the liabilities thereof; and to provide the terms and conditions upon which the holders of the bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds;

    • (k) exercise all or any part or combination of the powers herein granted; make covenants and do any and all such acts and things not inconsistent with this chapter as may be necessary and desirable in order to secure its bonds, or as may tend to make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein; and

    • (l) prescribe the terms upon which additional bonds may be issued.


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