West Virginia Code § 17-16F-18

Trustee for bondholders; contents of trust agreement
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(a) In the discretion of the commissioner, any railroad maintenance bonds or notes or
railroad maintenance refunding bonds issued by them under this article may be secured by a
trust agreement between the commissioner and a corporate trustee, which trustee may be
any trust company or banking institution having the powers of a trust company within or
without this state. e
(b) Any such trust agreement shall pledge or assign revenues of the State Rail Section to be
received, but shall not convey or mortgage any railroad project in whole or in part. Any such
trust agreement or any authorization providing for the issuance uof such bonds or notes may
contain such provisions for protecting and enforcing the rights and remedies of the
bondholders or noteholders as are reasonable and proper antd not in violation of law,
including covenants setting forth the duties of the division in relation to the acquisition of
property, the construction, improvement, maintenance, repair, operation, and insurance of
the railroad project in connection with which such bonds or notes are authorized, the rentals
or other charges to be imposed for the use or services of any railroad project, the custody,
safeguarding, and application of all moneys ansd provisions for the employment of consulting
engineers in connection with the construction or operation of such railroad project. Any
banking institution or trust company incorporated under the laws of this state which may act
as depository of the proceeds of bongds or notes or of revenues shall furnish such
indemnifying bonds or pledge such securities as are required by the division. Any such trust
agreement may set forth the reights and remedies of the bondholders and noteholders and of
the trustee and may restrict individual rights of action by bondholders and noteholders as
customarily provided inL trust agreements or trust indentures securing similar bonds. Such
trust agreement may contain such other provisions as the commissioner deems reasonable
and proper for the se curity of the bondholders or noteholders. All expenses incurred in
carrying out the provisions of any trust agreement may be treated as a part of the cost of the
operation of the railroad project. Any trust agreement or authorization of the issuance of
railroad maintenance revenue bonds may provide the method whereby the general
administrative overhead expenses of the division shall be allocated among the several
projects acquired or constructed by it as a factor of the operating expenses of each such
project.

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