(a)
- (1) The Authority may secure a bond by a trust agreement between the Authority and a corporate trustee.
- (2) A corporate trustee may be any trust company or bank that has the powers of a trust company in or outside the State.
(b) The trust agreement or the resolution that provides for the issuance of a bond may:
(1) provide for the protection and enforcement of rights and remedies of bondholders, including covenants setting forth the duties of the Authority in relation to:
- (i) acquisition, improvement, maintenance, operation, and insurance of the development or project; and
- (ii) custody, safeguarding, and application of money;
- (2) provide for the rights and remedies of bondholders and of the trustee;
- (3) restrict the individual right of action by bondholders as is customary in trust agreements securing bonds of corporations;
- (4) provide for the deposit of the proceeds of the sale of bonds and the revenue of a development or project with an officer, board, or depositary that the Authority designates as custodian; and
- (5) provide for the method of disbursing the proceeds and revenues with safeguards and restrictions that the Authority determines.
(c)
- (1) Except as provided in paragraph (2) of this subsection and § 10-222 of this subtitle, a trust agreement may pledge or assign revenues to be received from the development or project.
- (2) No portion of a development or project may be conveyed or mortgaged without the express consent of the Board of Public Works.
- (d) The trust agreement may authorize the use of money realized from the sale or disposition of any of the property of a development or project to pay principal of and interest on the bonds.
- (e) Expenses incurred in carrying out a trust agreement may be treated as part of the cost of maintenance, repair, and operation of a development or project.
- (f) A bank or trust company incorporated in the State may act as a depositary of the proceeds of the bonds or the revenues and furnish indemnity bonds or pledge securities as required by the Authority.
Added by Acts 2008, c. 306, § 2, eff. Oct. 1, 2008.