State Codes and Statutes

Statutes > New-york > Pba > Article-10-c > Title-4 > 3560

§  3560.  Bonds or notes of the corporation.  1. The corporation shall  have power as hereby authorized from time to time  to  issue  negotiable  bonds in conformity with applicable provisions of the uniform commercial  code  provided,  however, that such power shall only be exercised to the  extent authorized in  the  contract  between  the  corporation  and  the  department  of  health  provided  for in subdivision two of section four  hundred three of the public health law.    The  corporation  shall  have  power  from  time  to  time  to  refund any bonds by the issuance of new  bonds, whether the bonds to be refunded have or have  not  matured,  and  may  issue  bonds partly to refund bonds then outstanding and partly for  any other corporate purpose.   Except  as  may  otherwise  be  expressly  provided  by  the corporation, every issue of new bonds shall be general  obligations payable out of any moneys or revenues  of  the  corporation,  subject  only  to  any  agreements  with the holders of particular bonds  pledging any particular moneys or revenues.    2. Such bonds shall be authorized by resolution of the  board,  be  in  such denominations and shall bear such date or dates, mature at the time  or  times  not  exceeding  forty years from their respective dates, bear  interest at such rate or rates payable at such times, be in  such  form,  either  coupon  or  registered,  carry  such registration privileges, be  executed in such manner, be payable in such medium of  payment  at  such  place  or  places,  and  be  subject to such terms of redemption as such  resolution or resolutions may provide.  Such bonds may be sold at public  or private sale for such  price  or  prices  as  the  corporation  shall  determine.    3.  Such  bonds  may  be  issued  for  any  corporate  purposes of the  corporation.    4. Bonds issued by the corporation may be general obligations  secured  by the faith and credit of the corporation or may be special obligations  payable  solely  out  of  particular  revenues or other moneys as may be  designated in the proceedings of the corporation under which  the  bonds  shall  be  authorized  to  be issued, subject as to priority only to any  agreements with the holders of outstanding bonds pledging any particular  property, revenues or moneys. The corporation may also enter  into  loan  agreements, lines of credit and other security agreements and obtain for  or  on  its  behalf  letters  of  credit, insurance, guarantees or other  credit enhancements to the extent now or hereafter  available,  in  each  case  for  securing  its bonds or to provide direct payment of any costs  which the corporation is authorized to pay.    5. Any resolution or resolutions authorizing  any  bonds  may  contain  provisions  which  may be a part of the contract with the holders of the  bonds as to:    (a) pledging all or  any  part  of  the  moneys  or  property  of  the  corporation  to  secure  the  payment  of  its bonds, including, but not  limited to, the revenues of designated facilities  of  the  corporation,  the  proceeds  of  any grant in aid of the corporation received from any  private or public source, any federally guaranteed security  and  moneys  received  therefrom  whether  such security is initially acquired by the  corporation or otherwise, any moneys received under  the  terms  of  any  lease,  loan  or other agreement executed pursuant to this title, or any  other revenues which may be received by the corporation;    (b) the setting aside of reserves or sinking funds and the  regulation  or disposition thereof;    (c) the purposes and limitations thereon to which the proceeds of sale  of  any  issue  of bonds then or thereafter to be issued may be applied,  including as authorized purposes, all costs and  expenses  necessary  or  incidental to the issuance of bonds, to the acquisition of or commitmentto  acquire  any  federally  guaranteed security and to the issuance and  obtaining of any federally insured mortgage note;    (d)  limitations  on  the issuance of additional bonds; the terms upon  which additional bonds may be  issued  and  secured;  the  refunding  of  outstanding or other bonds;    (e)  the  procedure,  if  any, by which the terms of any contract with  bondholders may be amended or abrogated, the amount of bonds the holders  of which must consent thereto and the manner in which such  consent  may  be given;    (f)  the  creation  of  special  funds  into  which  any moneys of the  corporation may be deposited;    (g) vesting in a trustee or trustees such properties,  rights,  powers  and  duties  in trust as the corporation may determine which may include  any or all of the rights, powers and duties of the trustee appointed  by  the   bondholders  pursuant  to  section  three  thousand  five  hundred  sixty-one of this title and limiting or  abrogating  the  right  of  the  bondholders  to  appoint  a  trustee  under such section or limiting the  rights, duties and powers of such trustee;    (h) defining the acts or omissions to act  which  shall  constitute  a  default  in  the  obligations  and  duties  of  the  corporation  to the  bondholders and providing for the rights and remedies of the bondholders  in the event of default, including as a matter of right the  appointment  of  a  receiver,  providing,  that such rights and remedies shall not be  inconsistent with the general laws of this state and other provisions of  this title; and    (i) any other matters, of like or different character,  which  in  any  way affect the security and protection of the bonds.    6.  (a)  The  bonds of the corporation issued pursuant to this section  shall be sold to the bidder offering  the  lowest  true  interest  cost,  taking into consideration any premium or discount.    (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this  subdivision, whenever in the judgment of the corporation  the  interests  of  the  corporation  will  be  served  thereby,  the  directors  of the  corporation, on  the  written  recommendation  of  the  chairperson  may  authorize  the  sale of such bonds at private or public sale on either a  competitive or negotiated basis.  The corporation shall  set  guidelines  governing  the terms and conditions of any such private or public sales.  The private or public bond sale guidelines set by the corporation  shall  include,  but  not be limited to, a requirement that where the interests  of the corporation will be served by a private or public sale of  bonds,  the  corporation  shall  select  underwriters for each private or public  bond  sale  conducted  pursuant  to  a  request  for  proposal   process  undertaken  from  time  to  time  and  consideration  of  proposals from  qualified underwriters as determined by the corporation.   Bonds of  the  corporation  shall  not  be  sold  by  the corporation at a private sale  unless such sale and the terms thereof have been approved in writing  by  the  comptroller  where  such  sale is not to the comptroller, or by the  director of the budget where such sale is to the comptroller.    (c) The corporation shall have the power from time to  time  to  amend  such  private  bond sale guidelines in accordance with the provisions of  this subdivision.    (d) The corporation shall annually prepare and  approve  a  bond  sale  report which shall include the private or public bond sale guidelines as  specified  in  this subdivision, amendments to such guidelines since the  last private or public bond sale report, an explanation of the bond sale  guidelines and  amendments,  and  the  results  of  any  sale  of  bonds  conducted during the fiscal year. Such bond sale report may be a part of  any other annual report that the corporation is required to make.(e)  The corporation shall annually submit its bond sale report to the  state comptroller, the senate finance committee and  the  assembly  ways  and means committee.    (f)  The  corporation shall make available to the public copies of its  bond sale report upon reasonable request thereof.    (g) Nothing contained in this subdivision shall be  deemed  to  alter,  affect  the  validity of, modify the terms of, or impair any contract or  agreement made or entered into in violation of,  or  without  compliance  with, the provisions of this subdivision.    7.  Any  resolution  or  resolutions authorizing bonds or any issue of  bonds by the corporation may also contain provisions which may be a part  of the contract with the holders of the bonds thereby authorized as to:    (a) the rates, rents, fees and other charges to be fixed and collected  by the corporation and the amount to be raised in each year thereby  and  the use and disposition of revenues;    (b)  limitations  on  the  right  of  the  corporation to restrict and  regulate the use of the project or part thereof in connection with which  bonds are issued;    (c) the terms and provisions of any trust, mortgage, deed or indenture  securing the bonds under which the bonds may be issued;    (d) limitations on the power of the corporation to sell  or  otherwise  dispose of any project or any part thereof or other property;    (e)  limitations  on  the  amount  of  revenues and other moneys to be  expended  for  operating,  administrative  or  other  expenses  of   the  corporation;    (f) the payment of the proceeds of bonds, revenues and other moneys to  a  trustee  or  other  depository,  and  for  the method of disbursement  thereof with such safeguards and restrictions  as  the  corporation  may  determine; and    (g)  any other matters of like or different character which in any way  affect the security or  protection  of  the  bonds  or  the  rights  and  remedies of the bondholders.    8.  In addition to the powers herein conferred upon the corporation to  secure its bonds, the corporation shall have  the  power  in  connection  with  the  issuance  of  bonds  to adopt resolutions and enter into such  trust indentures, agreements or other instruments as the corporation may  deem  necessary,  convenient  or  desirable  concerning   the   use   or  disposition  of  its revenues or other moneys or property, including the  mortgaging of any property and the entrusting, pledging or  creation  of  any other security interest in any such revenues, moneys or property and  the  doing of any act, including refraining from doing any act which the  corporation  would  have  the  right  to  do  in  the  absence  of  such  resolutions,  trust  indentures,  agreements  or  other instruments. The  corporation shall have power  to  enter  into  amendments  of  any  such  resolutions,  trust  indentures,  agreements or other instruments within  the powers granted to the corporation by this title and to  perform  the  obligations undertaken in such resolutions, trust indentures, agreements  or  other  instruments.  The  provisions  of any such resolutions, trust  indentures, agreements or other instruments may be made a  part  of  the  contract with the holders of bonds of the corporation.    9.  Any  provision  of  the  uniform  commercial  code to the contrary  notwithstanding, any pledge of or other security interest  in  revenues,  moneys, accounts, contract rights, general intangibles or other personal  property  made or created by the corporation shall be valid, binding and  perfected from the time when such  pledge  is  made  or  other  security  interest  attaches  without  any  physical delivery of the collateral or  further act, and the lien of any such pledge or other security  interest  shall  be valid, binding and perfected against all parties having claimsof any kind in tort,  contract  or  otherwise  against  the  corporation  irrespective  of whether such parties have notice thereof. No instrument  by which such a pledge or security interest is created nor any financing  statement need be recorded or filed.    10.  Whether  or not the bonds of the corporation are of such form and  character as to be negotiable instruments under the terms of the uniform  commercial code, the bonds are hereby made negotiable instruments within  the meaning of and for all the purposes of the uniform commercial  code,  subject only to the provisions of the bonds for registration.    11.  Neither the directors nor the officers of the corporation nor any  person executing its bonds shall be liable personally on its bonds or be  subject to any personal liability or accountability  by  reason  of  the  issuance thereof.    12. Subject to such agreements with bondholders as may then exist, the  corporation  shall  have  power  out  of any funds available therefor to  purchase bonds of the corporation, in lieu of redemption, at a price not  exceeding, if the bonds are then redeemable, the redemption  price  then  applicable  plus accrued interest to the next interest payment date, or,  if the bonds are not then redeemable, the redemption price applicable on  the first date after such purchase upon which the bonds  become  subject  to  redemption  plus accrued interest to the next interest payment date.  Bonds so purchased shall thereupon be canceled.    13. The corporation shall have power and is hereby authorized to issue  negotiable  bond  anticipation  notes  in  conformity  with   applicable  provisions  of  the  uniform commercial code and may renew the same from  time to time but the  maximum  maturity  of  any  such  note,  including  renewals  thereof, shall not exceed five years from the date of issue of  such original note.

State Codes and Statutes

Statutes > New-york > Pba > Article-10-c > Title-4 > 3560

§  3560.  Bonds or notes of the corporation.  1. The corporation shall  have power as hereby authorized from time to time  to  issue  negotiable  bonds in conformity with applicable provisions of the uniform commercial  code  provided,  however, that such power shall only be exercised to the  extent authorized in  the  contract  between  the  corporation  and  the  department  of  health  provided  for in subdivision two of section four  hundred three of the public health law.    The  corporation  shall  have  power  from  time  to  time  to  refund any bonds by the issuance of new  bonds, whether the bonds to be refunded have or have  not  matured,  and  may  issue  bonds partly to refund bonds then outstanding and partly for  any other corporate purpose.   Except  as  may  otherwise  be  expressly  provided  by  the corporation, every issue of new bonds shall be general  obligations payable out of any moneys or revenues  of  the  corporation,  subject  only  to  any  agreements  with the holders of particular bonds  pledging any particular moneys or revenues.    2. Such bonds shall be authorized by resolution of the  board,  be  in  such denominations and shall bear such date or dates, mature at the time  or  times  not  exceeding  forty years from their respective dates, bear  interest at such rate or rates payable at such times, be in  such  form,  either  coupon  or  registered,  carry  such registration privileges, be  executed in such manner, be payable in such medium of  payment  at  such  place  or  places,  and  be  subject to such terms of redemption as such  resolution or resolutions may provide.  Such bonds may be sold at public  or private sale for such  price  or  prices  as  the  corporation  shall  determine.    3.  Such  bonds  may  be  issued  for  any  corporate  purposes of the  corporation.    4. Bonds issued by the corporation may be general obligations  secured  by the faith and credit of the corporation or may be special obligations  payable  solely  out  of  particular  revenues or other moneys as may be  designated in the proceedings of the corporation under which  the  bonds  shall  be  authorized  to  be issued, subject as to priority only to any  agreements with the holders of outstanding bonds pledging any particular  property, revenues or moneys. The corporation may also enter  into  loan  agreements, lines of credit and other security agreements and obtain for  or  on  its  behalf  letters  of  credit, insurance, guarantees or other  credit enhancements to the extent now or hereafter  available,  in  each  case  for  securing  its bonds or to provide direct payment of any costs  which the corporation is authorized to pay.    5. Any resolution or resolutions authorizing  any  bonds  may  contain  provisions  which  may be a part of the contract with the holders of the  bonds as to:    (a) pledging all or  any  part  of  the  moneys  or  property  of  the  corporation  to  secure  the  payment  of  its bonds, including, but not  limited to, the revenues of designated facilities  of  the  corporation,  the  proceeds  of  any grant in aid of the corporation received from any  private or public source, any federally guaranteed security  and  moneys  received  therefrom  whether  such security is initially acquired by the  corporation or otherwise, any moneys received under  the  terms  of  any  lease,  loan  or other agreement executed pursuant to this title, or any  other revenues which may be received by the corporation;    (b) the setting aside of reserves or sinking funds and the  regulation  or disposition thereof;    (c) the purposes and limitations thereon to which the proceeds of sale  of  any  issue  of bonds then or thereafter to be issued may be applied,  including as authorized purposes, all costs and  expenses  necessary  or  incidental to the issuance of bonds, to the acquisition of or commitmentto  acquire  any  federally  guaranteed security and to the issuance and  obtaining of any federally insured mortgage note;    (d)  limitations  on  the issuance of additional bonds; the terms upon  which additional bonds may be  issued  and  secured;  the  refunding  of  outstanding or other bonds;    (e)  the  procedure,  if  any, by which the terms of any contract with  bondholders may be amended or abrogated, the amount of bonds the holders  of which must consent thereto and the manner in which such  consent  may  be given;    (f)  the  creation  of  special  funds  into  which  any moneys of the  corporation may be deposited;    (g) vesting in a trustee or trustees such properties,  rights,  powers  and  duties  in trust as the corporation may determine which may include  any or all of the rights, powers and duties of the trustee appointed  by  the   bondholders  pursuant  to  section  three  thousand  five  hundred  sixty-one of this title and limiting or  abrogating  the  right  of  the  bondholders  to  appoint  a  trustee  under such section or limiting the  rights, duties and powers of such trustee;    (h) defining the acts or omissions to act  which  shall  constitute  a  default  in  the  obligations  and  duties  of  the  corporation  to the  bondholders and providing for the rights and remedies of the bondholders  in the event of default, including as a matter of right the  appointment  of  a  receiver,  providing,  that such rights and remedies shall not be  inconsistent with the general laws of this state and other provisions of  this title; and    (i) any other matters, of like or different character,  which  in  any  way affect the security and protection of the bonds.    6.  (a)  The  bonds of the corporation issued pursuant to this section  shall be sold to the bidder offering  the  lowest  true  interest  cost,  taking into consideration any premium or discount.    (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this  subdivision, whenever in the judgment of the corporation  the  interests  of  the  corporation  will  be  served  thereby,  the  directors  of the  corporation, on  the  written  recommendation  of  the  chairperson  may  authorize  the  sale of such bonds at private or public sale on either a  competitive or negotiated basis.  The corporation shall  set  guidelines  governing  the terms and conditions of any such private or public sales.  The private or public bond sale guidelines set by the corporation  shall  include,  but  not be limited to, a requirement that where the interests  of the corporation will be served by a private or public sale of  bonds,  the  corporation  shall  select  underwriters for each private or public  bond  sale  conducted  pursuant  to  a  request  for  proposal   process  undertaken  from  time  to  time  and  consideration  of  proposals from  qualified underwriters as determined by the corporation.   Bonds of  the  corporation  shall  not  be  sold  by  the corporation at a private sale  unless such sale and the terms thereof have been approved in writing  by  the  comptroller  where  such  sale is not to the comptroller, or by the  director of the budget where such sale is to the comptroller.    (c) The corporation shall have the power from time to  time  to  amend  such  private  bond sale guidelines in accordance with the provisions of  this subdivision.    (d) The corporation shall annually prepare and  approve  a  bond  sale  report which shall include the private or public bond sale guidelines as  specified  in  this subdivision, amendments to such guidelines since the  last private or public bond sale report, an explanation of the bond sale  guidelines and  amendments,  and  the  results  of  any  sale  of  bonds  conducted during the fiscal year. Such bond sale report may be a part of  any other annual report that the corporation is required to make.(e)  The corporation shall annually submit its bond sale report to the  state comptroller, the senate finance committee and  the  assembly  ways  and means committee.    (f)  The  corporation shall make available to the public copies of its  bond sale report upon reasonable request thereof.    (g) Nothing contained in this subdivision shall be  deemed  to  alter,  affect  the  validity of, modify the terms of, or impair any contract or  agreement made or entered into in violation of,  or  without  compliance  with, the provisions of this subdivision.    7.  Any  resolution  or  resolutions authorizing bonds or any issue of  bonds by the corporation may also contain provisions which may be a part  of the contract with the holders of the bonds thereby authorized as to:    (a) the rates, rents, fees and other charges to be fixed and collected  by the corporation and the amount to be raised in each year thereby  and  the use and disposition of revenues;    (b)  limitations  on  the  right  of  the  corporation to restrict and  regulate the use of the project or part thereof in connection with which  bonds are issued;    (c) the terms and provisions of any trust, mortgage, deed or indenture  securing the bonds under which the bonds may be issued;    (d) limitations on the power of the corporation to sell  or  otherwise  dispose of any project or any part thereof or other property;    (e)  limitations  on  the  amount  of  revenues and other moneys to be  expended  for  operating,  administrative  or  other  expenses  of   the  corporation;    (f) the payment of the proceeds of bonds, revenues and other moneys to  a  trustee  or  other  depository,  and  for  the method of disbursement  thereof with such safeguards and restrictions  as  the  corporation  may  determine; and    (g)  any other matters of like or different character which in any way  affect the security or  protection  of  the  bonds  or  the  rights  and  remedies of the bondholders.    8.  In addition to the powers herein conferred upon the corporation to  secure its bonds, the corporation shall have  the  power  in  connection  with  the  issuance  of  bonds  to adopt resolutions and enter into such  trust indentures, agreements or other instruments as the corporation may  deem  necessary,  convenient  or  desirable  concerning   the   use   or  disposition  of  its revenues or other moneys or property, including the  mortgaging of any property and the entrusting, pledging or  creation  of  any other security interest in any such revenues, moneys or property and  the  doing of any act, including refraining from doing any act which the  corporation  would  have  the  right  to  do  in  the  absence  of  such  resolutions,  trust  indentures,  agreements  or  other instruments. The  corporation shall have power  to  enter  into  amendments  of  any  such  resolutions,  trust  indentures,  agreements or other instruments within  the powers granted to the corporation by this title and to  perform  the  obligations undertaken in such resolutions, trust indentures, agreements  or  other  instruments.  The  provisions  of any such resolutions, trust  indentures, agreements or other instruments may be made a  part  of  the  contract with the holders of bonds of the corporation.    9.  Any  provision  of  the  uniform  commercial  code to the contrary  notwithstanding, any pledge of or other security interest  in  revenues,  moneys, accounts, contract rights, general intangibles or other personal  property  made or created by the corporation shall be valid, binding and  perfected from the time when such  pledge  is  made  or  other  security  interest  attaches  without  any  physical delivery of the collateral or  further act, and the lien of any such pledge or other security  interest  shall  be valid, binding and perfected against all parties having claimsof any kind in tort,  contract  or  otherwise  against  the  corporation  irrespective  of whether such parties have notice thereof. No instrument  by which such a pledge or security interest is created nor any financing  statement need be recorded or filed.    10.  Whether  or not the bonds of the corporation are of such form and  character as to be negotiable instruments under the terms of the uniform  commercial code, the bonds are hereby made negotiable instruments within  the meaning of and for all the purposes of the uniform commercial  code,  subject only to the provisions of the bonds for registration.    11.  Neither the directors nor the officers of the corporation nor any  person executing its bonds shall be liable personally on its bonds or be  subject to any personal liability or accountability  by  reason  of  the  issuance thereof.    12. Subject to such agreements with bondholders as may then exist, the  corporation  shall  have  power  out  of any funds available therefor to  purchase bonds of the corporation, in lieu of redemption, at a price not  exceeding, if the bonds are then redeemable, the redemption  price  then  applicable  plus accrued interest to the next interest payment date, or,  if the bonds are not then redeemable, the redemption price applicable on  the first date after such purchase upon which the bonds  become  subject  to  redemption  plus accrued interest to the next interest payment date.  Bonds so purchased shall thereupon be canceled.    13. The corporation shall have power and is hereby authorized to issue  negotiable  bond  anticipation  notes  in  conformity  with   applicable  provisions  of  the  uniform commercial code and may renew the same from  time to time but the  maximum  maturity  of  any  such  note,  including  renewals  thereof, shall not exceed five years from the date of issue of  such original note.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-10-c > Title-4 > 3560

§  3560.  Bonds or notes of the corporation.  1. The corporation shall  have power as hereby authorized from time to time  to  issue  negotiable  bonds in conformity with applicable provisions of the uniform commercial  code  provided,  however, that such power shall only be exercised to the  extent authorized in  the  contract  between  the  corporation  and  the  department  of  health  provided  for in subdivision two of section four  hundred three of the public health law.    The  corporation  shall  have  power  from  time  to  time  to  refund any bonds by the issuance of new  bonds, whether the bonds to be refunded have or have  not  matured,  and  may  issue  bonds partly to refund bonds then outstanding and partly for  any other corporate purpose.   Except  as  may  otherwise  be  expressly  provided  by  the corporation, every issue of new bonds shall be general  obligations payable out of any moneys or revenues  of  the  corporation,  subject  only  to  any  agreements  with the holders of particular bonds  pledging any particular moneys or revenues.    2. Such bonds shall be authorized by resolution of the  board,  be  in  such denominations and shall bear such date or dates, mature at the time  or  times  not  exceeding  forty years from their respective dates, bear  interest at such rate or rates payable at such times, be in  such  form,  either  coupon  or  registered,  carry  such registration privileges, be  executed in such manner, be payable in such medium of  payment  at  such  place  or  places,  and  be  subject to such terms of redemption as such  resolution or resolutions may provide.  Such bonds may be sold at public  or private sale for such  price  or  prices  as  the  corporation  shall  determine.    3.  Such  bonds  may  be  issued  for  any  corporate  purposes of the  corporation.    4. Bonds issued by the corporation may be general obligations  secured  by the faith and credit of the corporation or may be special obligations  payable  solely  out  of  particular  revenues or other moneys as may be  designated in the proceedings of the corporation under which  the  bonds  shall  be  authorized  to  be issued, subject as to priority only to any  agreements with the holders of outstanding bonds pledging any particular  property, revenues or moneys. The corporation may also enter  into  loan  agreements, lines of credit and other security agreements and obtain for  or  on  its  behalf  letters  of  credit, insurance, guarantees or other  credit enhancements to the extent now or hereafter  available,  in  each  case  for  securing  its bonds or to provide direct payment of any costs  which the corporation is authorized to pay.    5. Any resolution or resolutions authorizing  any  bonds  may  contain  provisions  which  may be a part of the contract with the holders of the  bonds as to:    (a) pledging all or  any  part  of  the  moneys  or  property  of  the  corporation  to  secure  the  payment  of  its bonds, including, but not  limited to, the revenues of designated facilities  of  the  corporation,  the  proceeds  of  any grant in aid of the corporation received from any  private or public source, any federally guaranteed security  and  moneys  received  therefrom  whether  such security is initially acquired by the  corporation or otherwise, any moneys received under  the  terms  of  any  lease,  loan  or other agreement executed pursuant to this title, or any  other revenues which may be received by the corporation;    (b) the setting aside of reserves or sinking funds and the  regulation  or disposition thereof;    (c) the purposes and limitations thereon to which the proceeds of sale  of  any  issue  of bonds then or thereafter to be issued may be applied,  including as authorized purposes, all costs and  expenses  necessary  or  incidental to the issuance of bonds, to the acquisition of or commitmentto  acquire  any  federally  guaranteed security and to the issuance and  obtaining of any federally insured mortgage note;    (d)  limitations  on  the issuance of additional bonds; the terms upon  which additional bonds may be  issued  and  secured;  the  refunding  of  outstanding or other bonds;    (e)  the  procedure,  if  any, by which the terms of any contract with  bondholders may be amended or abrogated, the amount of bonds the holders  of which must consent thereto and the manner in which such  consent  may  be given;    (f)  the  creation  of  special  funds  into  which  any moneys of the  corporation may be deposited;    (g) vesting in a trustee or trustees such properties,  rights,  powers  and  duties  in trust as the corporation may determine which may include  any or all of the rights, powers and duties of the trustee appointed  by  the   bondholders  pursuant  to  section  three  thousand  five  hundred  sixty-one of this title and limiting or  abrogating  the  right  of  the  bondholders  to  appoint  a  trustee  under such section or limiting the  rights, duties and powers of such trustee;    (h) defining the acts or omissions to act  which  shall  constitute  a  default  in  the  obligations  and  duties  of  the  corporation  to the  bondholders and providing for the rights and remedies of the bondholders  in the event of default, including as a matter of right the  appointment  of  a  receiver,  providing,  that such rights and remedies shall not be  inconsistent with the general laws of this state and other provisions of  this title; and    (i) any other matters, of like or different character,  which  in  any  way affect the security and protection of the bonds.    6.  (a)  The  bonds of the corporation issued pursuant to this section  shall be sold to the bidder offering  the  lowest  true  interest  cost,  taking into consideration any premium or discount.    (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this  subdivision, whenever in the judgment of the corporation  the  interests  of  the  corporation  will  be  served  thereby,  the  directors  of the  corporation, on  the  written  recommendation  of  the  chairperson  may  authorize  the  sale of such bonds at private or public sale on either a  competitive or negotiated basis.  The corporation shall  set  guidelines  governing  the terms and conditions of any such private or public sales.  The private or public bond sale guidelines set by the corporation  shall  include,  but  not be limited to, a requirement that where the interests  of the corporation will be served by a private or public sale of  bonds,  the  corporation  shall  select  underwriters for each private or public  bond  sale  conducted  pursuant  to  a  request  for  proposal   process  undertaken  from  time  to  time  and  consideration  of  proposals from  qualified underwriters as determined by the corporation.   Bonds of  the  corporation  shall  not  be  sold  by  the corporation at a private sale  unless such sale and the terms thereof have been approved in writing  by  the  comptroller  where  such  sale is not to the comptroller, or by the  director of the budget where such sale is to the comptroller.    (c) The corporation shall have the power from time to  time  to  amend  such  private  bond sale guidelines in accordance with the provisions of  this subdivision.    (d) The corporation shall annually prepare and  approve  a  bond  sale  report which shall include the private or public bond sale guidelines as  specified  in  this subdivision, amendments to such guidelines since the  last private or public bond sale report, an explanation of the bond sale  guidelines and  amendments,  and  the  results  of  any  sale  of  bonds  conducted during the fiscal year. Such bond sale report may be a part of  any other annual report that the corporation is required to make.(e)  The corporation shall annually submit its bond sale report to the  state comptroller, the senate finance committee and  the  assembly  ways  and means committee.    (f)  The  corporation shall make available to the public copies of its  bond sale report upon reasonable request thereof.    (g) Nothing contained in this subdivision shall be  deemed  to  alter,  affect  the  validity of, modify the terms of, or impair any contract or  agreement made or entered into in violation of,  or  without  compliance  with, the provisions of this subdivision.    7.  Any  resolution  or  resolutions authorizing bonds or any issue of  bonds by the corporation may also contain provisions which may be a part  of the contract with the holders of the bonds thereby authorized as to:    (a) the rates, rents, fees and other charges to be fixed and collected  by the corporation and the amount to be raised in each year thereby  and  the use and disposition of revenues;    (b)  limitations  on  the  right  of  the  corporation to restrict and  regulate the use of the project or part thereof in connection with which  bonds are issued;    (c) the terms and provisions of any trust, mortgage, deed or indenture  securing the bonds under which the bonds may be issued;    (d) limitations on the power of the corporation to sell  or  otherwise  dispose of any project or any part thereof or other property;    (e)  limitations  on  the  amount  of  revenues and other moneys to be  expended  for  operating,  administrative  or  other  expenses  of   the  corporation;    (f) the payment of the proceeds of bonds, revenues and other moneys to  a  trustee  or  other  depository,  and  for  the method of disbursement  thereof with such safeguards and restrictions  as  the  corporation  may  determine; and    (g)  any other matters of like or different character which in any way  affect the security or  protection  of  the  bonds  or  the  rights  and  remedies of the bondholders.    8.  In addition to the powers herein conferred upon the corporation to  secure its bonds, the corporation shall have  the  power  in  connection  with  the  issuance  of  bonds  to adopt resolutions and enter into such  trust indentures, agreements or other instruments as the corporation may  deem  necessary,  convenient  or  desirable  concerning   the   use   or  disposition  of  its revenues or other moneys or property, including the  mortgaging of any property and the entrusting, pledging or  creation  of  any other security interest in any such revenues, moneys or property and  the  doing of any act, including refraining from doing any act which the  corporation  would  have  the  right  to  do  in  the  absence  of  such  resolutions,  trust  indentures,  agreements  or  other instruments. The  corporation shall have power  to  enter  into  amendments  of  any  such  resolutions,  trust  indentures,  agreements or other instruments within  the powers granted to the corporation by this title and to  perform  the  obligations undertaken in such resolutions, trust indentures, agreements  or  other  instruments.  The  provisions  of any such resolutions, trust  indentures, agreements or other instruments may be made a  part  of  the  contract with the holders of bonds of the corporation.    9.  Any  provision  of  the  uniform  commercial  code to the contrary  notwithstanding, any pledge of or other security interest  in  revenues,  moneys, accounts, contract rights, general intangibles or other personal  property  made or created by the corporation shall be valid, binding and  perfected from the time when such  pledge  is  made  or  other  security  interest  attaches  without  any  physical delivery of the collateral or  further act, and the lien of any such pledge or other security  interest  shall  be valid, binding and perfected against all parties having claimsof any kind in tort,  contract  or  otherwise  against  the  corporation  irrespective  of whether such parties have notice thereof. No instrument  by which such a pledge or security interest is created nor any financing  statement need be recorded or filed.    10.  Whether  or not the bonds of the corporation are of such form and  character as to be negotiable instruments under the terms of the uniform  commercial code, the bonds are hereby made negotiable instruments within  the meaning of and for all the purposes of the uniform commercial  code,  subject only to the provisions of the bonds for registration.    11.  Neither the directors nor the officers of the corporation nor any  person executing its bonds shall be liable personally on its bonds or be  subject to any personal liability or accountability  by  reason  of  the  issuance thereof.    12. Subject to such agreements with bondholders as may then exist, the  corporation  shall  have  power  out  of any funds available therefor to  purchase bonds of the corporation, in lieu of redemption, at a price not  exceeding, if the bonds are then redeemable, the redemption  price  then  applicable  plus accrued interest to the next interest payment date, or,  if the bonds are not then redeemable, the redemption price applicable on  the first date after such purchase upon which the bonds  become  subject  to  redemption  plus accrued interest to the next interest payment date.  Bonds so purchased shall thereupon be canceled.    13. The corporation shall have power and is hereby authorized to issue  negotiable  bond  anticipation  notes  in  conformity  with   applicable  provisions  of  the  uniform commercial code and may renew the same from  time to time but the  maximum  maturity  of  any  such  note,  including  renewals  thereof, shall not exceed five years from the date of issue of  such original note.