Nevada Code § 349.306

Covenants and other provisions in state securities
Open in Lexace · Ask the AI about this section
Any resolution providing for the issuance of
any bonds or other state securities hereunder payable from pledged revenues and
any indenture or other instrument or proceedings appertaining thereto may at
the discretion of the Commission contain covenants or other provisions,
notwithstanding such covenants and provisions may limit the exercise of powers
conferred hereby, in order to secure the payment of such securities, in
agreement with the holders of such securities, including without limitation
covenants or other provisions as to any one or more of the following:
1. The pledged revenues and, in the case
of general obligations, the taxes to be fixed, charged or levied and the
collection, use and disposition thereof, including but not limited to the
foreclosure of liens for delinquencies, the discontinuance of services,
facilities or use of any properties or facilities, prohibition against free
service, the collection of penalties and collection costs, and the use and
disposition of any moneys of the State, derived or to be derived, from any
source herein designated;
2. The acquisition, improvement or
equipment of all or any part of properties pertaining to any project or any
facilities;
3. The creation and maintenance of
reserves or sinking funds to secure the payment of the principal of and
interest on any securities or of operation and maintenance expenses of any
facilities, or part thereof, and the source, custody, security, regulation, use
and disposition of any such reserves or funds, including but not limited to the
powers and duties of any trustee with regard thereto;
4. A fair and reasonable payment by the
State from its General Fund or other available moneys to the account of any
designated facilities for services rendered thereby to the State;
5. The payment of the cost of any project
by delineating the purpose or purposes to which the proceeds of the sale of
securities may be applied, and the custody, security, use, expenditure,
application and disposition thereof;
6. The temporary investment and any
reinvestment of proceeds of bonds, other securities, any taxes or pledged
revenues, or any combination thereof, in federal securities and other
securities issued by the Federal Government;
7. The pledge of and the creation of a
lien upon pledged revenues or the proceeds of bonds or other state securities
pending their application to defray the cost of any project, or both such
revenues and proceeds of such securities, to secure the payment of bonds or
other securities issued hereunder;
8. The payment of the principal of and
interest on any securities, and any prior redemption premiums due in connection
therewith, and the sources and methods thereof, the rank or priority of any
securities as to any lien or security for payment, or the acceleration of any
maturity of any securities, or the issuance of other or additional securities
payable from or constituting a charge against or lien upon any pledged revenues
or other moneys pledged for the payment of securities and the creation of
future liens and encumbrances thereagainst;
9. The use, regulation, inspection,
management, operation, maintenance or disposition, or any limitation or
regulation of the use, of all or any part of the facilities or any property of
the State appertaining thereto;
10. The determination or definition of
pledged revenues from any facilities or of operation and maintenance expenses
of facilities, the use and disposition of such revenues and the manner of and
limitations upon paying such expenses;
11. The creation of special funds and
accounts appertaining to any pledged revenues or to the bonds or other
securities issued hereunder;
12. The insurance to be carried by the
State or any other person in interest and use and disposition of insurance
moneys, the acquisition of completion, performance, surety and fidelity bonds
appertaining to any project or funds, or both, and the use and disposition of
any proceeds of such bonds;
13. Books of account, the inspection and
audit thereof, and other records appertaining to any project, facilities or
pledged revenues;
14. The assumption or payment or discharge
of any obligation, lien or other claim relating to any part of any project, any
facilities or any securities having or which may have a lien on any part of any
pledged revenues or other moneys of the state;
15. Limitations on the powers of the State
to acquire or operate, or permit the acquisition or operation of, any
structures, facilities or properties which may compete or tend to compete with
any facilities;
16. The vesting in a corporate or other trustee
or trustees of such property, rights, powers and duties in trust as the
Commission may determine, which may include any or all of the rights, powers
and duties of the trustee appointed by the holders of securities, and limiting
or abrogating the right of such holders to appoint a trustee, or limiting the
rights, duties and powers of such trustee;
17. Events of default, rights and
liabilities arising therefrom, and the rights, liabilities, powers and duties
arising upon the breach by the State of any covenants, conditions or
obligations;
18. The terms and conditions upon which
the holders of the securities or any portion, percentage or amount of them may
enforce any covenants or provisions made hereunder or duties imposed thereby;
19. The terms and conditions upon which
the holders of the securities or of a specified portion, percentage or amount thereof,
or any trustee therefor, shall be entitled to the appointment of a receiver,
which receiver may enter and take possession of any facilities or service,
operate and maintain the same, prescribe fees, rates and charges, and collect,
receive and apply all revenues thereafter arising therefrom in the same manner
as the State itself might do;
20. A procedure by which the terms of any
resolution authorizing securities, or any other contract with any holders of
securities, including but not limited to an indenture of trust or similar
instrument, may be amended or abrogated, and as to the proportion, percentage
or amount of securities the holders of which must consent thereto, and the
manner in which such consent may be given;
21. The terms and conditions upon which
any or all of the securities 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; and
22. All such acts and things as may be
necessary or convenient or desirable in order to secure the securities, or in
the discretion of the Commission tend to make the securities more marketable,
notwithstanding that such covenant, act or thing may not be enumerated herein,
it being the intention hereof to give the Commission power to do in the name
and on behalf of the State all things in the issuance of state securities and
for their security except as herein expressly limited.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.