State Codes and Statutes

Statutes > New-york > Pba > Article-10-c > Title-5 > 3608

§  3608.  Bonds  or notes of the corporation. 1. The corporation shall  have the power and is hereby authorized  from  time  to  time  to  issue  bonds,  notes or other obligations to pay the cost of any project or for  any other corporate purpose, including the establishment of reserves  to  secure  the  bonds,  the  payment  of principal of, premium, if any, and  interest on  the  bonds  and  the  payment  of  incidental  expenses  in  connection therewith. The corporation shall have the power and is hereby  authorized to enter into such agreements and perform such acts as may be  required  under  any  applicable federal legislation to secure a federal  guarantee or other subsidy with respect to any bonds.    2. The corporation shall have the power from time  to  time  to  renew  bonds  or to issue renewal bonds for such purpose, to issue bonds to pay  bonds, and, whenever it deems refunding expedient, to refund any bond 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  of  the  corporation. Bonds issued for refunding purposes shall be sold  and  the  proceeds  applied to the purchase, redemption or payment of the bonds or  notes to be refunded.    3. 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 monies 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 monies. 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.    4. (a) Bonds shall be authorized by resolution of the corporation,  be  in  such  denominations  and  bear such date or dates and mature at such  time or times, as such resolution may provide, provided that  bonds  and  renewals  thereof  shall  mature  within  forty  years  from the date of  original issuance of any such bonds.    (b) Bonds shall be subject to such terms of redemption, bear  interest  at such rate or rates, be 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 and conditions as  such  resolution  may  provide.  Notwithstanding  any other provision of law, 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 not less than four nor more than fifteen days,  Sunday excepted, after a notice of such sale has been published at least  once in a newspaper of general circulation in the  area  served  by  the  corporation,  which  shall state the terms of the sale. The terms of the  sale may not change unless notice of such change is  published  in  such  newspaper at least one day prior to the date of the sale as set forth in  the original notice of sale. Advertisements shall contain a provision to  the  effect  that  the corporation, in its discretion, may reject any or  all bids made pursuant to such advertisements, and in the event of  such  rejection,  the  corporation  is  authorized  to  negotiate a private or  public sale or readvertise  for  bids  in  the  form  and  manner  above  described  as many times as, in its judgment, may be necessary to effect  satisfactory sale.(c)  Notwithstanding  the  provisions  of  paragraph   (b)   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 a  negotiated basis or 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.    (d) 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.    (e) No private or public bond sale on  a  negotiated  basis  shall  be  conducted  by  the  corporation  without  prior  approval  of  the state  comptroller. 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.    (f)  The corporation shall annually submit its bond sale report to the  state comptroller and copies thereof to the senate finance committee and  the assembly ways and means committee.    (g) The corporation shall make available to the public copies  of  its  bond sale report upon reasonable request thereof.    (h)  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.    5. Any resolution or resolutions authorizing bonds  or  any  issue  of  bonds  by  the corporation may contain provisions which may be a part of  the contract with the holders of the bonds thereby authorized as to:    (a) pledging all or part of the  revenues,  together  with  any  other  monies  or  property  of  the  corporation  to secure the payment of the  bonds, or any costs of issuance thereof, including but not  limited  to,  any  contracts,  earnings  or  proceeds  of any grant to the corporation  received from any private or public source subject  to  such  agreements  with bondholders as may then exist;    (b)  the  setting  aside of reserves and the creation of sinking funds  and the regulation and disposition thereof;    (c) limitations on the purpose to which the proceeds from the sale  of  bonds may be applied;    (d) 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;    (e) 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;(f)  limitations  on  the issuance of additional bonds, the terms upon  which additional bonds may be issued and secured and  the  refunding  of  outstanding or other bonds;    (g)  the  procedure,  if  any, by which the terms of any contract with  bondholders may be amended or abrogated,  including  the  proportion  of  bondholders  which  must  consent  thereto, and the manner in which such  consent may be given;    (h) the creation of special funds into which any  revenues  or  monies  may be deposited;    (i) the terms and provisions of any trust, mortgage, deed or indenture  securing the bonds under which the bonds may be issued;    (j)  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 trustees appointed by  the  bondholders  pursuant  to this title or limiting the rights, duties  and powers of such trustee;    (k) defining the acts or omissions  to  act  which  may  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 such default, including as a matter of right appointment  of a receiver, provided, however, that such rights  and  remedies  shall  not  be  inconsistent  with  the  general  laws  of  the state and other  provisions of this title;    (l) limitations on the power of the corporation to sell  or  otherwise  dispose of any project or any part thereof or other property;    (m)  limitations  on  the  amount  of  revenues and other monies to be  expended  or  operating,  administrative  or  other  expenses   of   the  corporation;    (n) the payment of the proceeds of bonds, revenues and other monies to  a  trustee  or  other  depository,  and  for  the method of disbursement  thereof with such safeguards and restrictions  as  the  corporation  may  determine; and    (o)  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.    6.  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 monies or property, including the  mortgaging of any property and the entrusting, pledging or  creation  of  any other security interest in any such revenues, monies 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  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.    7.  Any  provision  of  the  uniform  commercial  code to the contrary  notwithstanding, any pledge of or other security interest  in  revenues,  monies, 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  securityinterest  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 claims  of  any  kind  in  tort,  contract  or otherwise against the corporation  irrespective of whether or not 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.    8. 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.    9. Neither the directors nor the  non-voting  representative  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.    10. 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.    11. 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-5 > 3608

§  3608.  Bonds  or notes of the corporation. 1. The corporation shall  have the power and is hereby authorized  from  time  to  time  to  issue  bonds,  notes or other obligations to pay the cost of any project or for  any other corporate purpose, including the establishment of reserves  to  secure  the  bonds,  the  payment  of principal of, premium, if any, and  interest on  the  bonds  and  the  payment  of  incidental  expenses  in  connection therewith. The corporation shall have the power and is hereby  authorized to enter into such agreements and perform such acts as may be  required  under  any  applicable federal legislation to secure a federal  guarantee or other subsidy with respect to any bonds.    2. The corporation shall have the power from time  to  time  to  renew  bonds  or to issue renewal bonds for such purpose, to issue bonds to pay  bonds, and, whenever it deems refunding expedient, to refund any bond 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  of  the  corporation. Bonds issued for refunding purposes shall be sold  and  the  proceeds  applied to the purchase, redemption or payment of the bonds or  notes to be refunded.    3. 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 monies 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 monies. 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.    4. (a) Bonds shall be authorized by resolution of the corporation,  be  in  such  denominations  and  bear such date or dates and mature at such  time or times, as such resolution may provide, provided that  bonds  and  renewals  thereof  shall  mature  within  forty  years  from the date of  original issuance of any such bonds.    (b) Bonds shall be subject to such terms of redemption, bear  interest  at such rate or rates, be 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 and conditions as  such  resolution  may  provide.  Notwithstanding  any other provision of law, 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 not less than four nor more than fifteen days,  Sunday excepted, after a notice of such sale has been published at least  once in a newspaper of general circulation in the  area  served  by  the  corporation,  which  shall state the terms of the sale. The terms of the  sale may not change unless notice of such change is  published  in  such  newspaper at least one day prior to the date of the sale as set forth in  the original notice of sale. Advertisements shall contain a provision to  the  effect  that  the corporation, in its discretion, may reject any or  all bids made pursuant to such advertisements, and in the event of  such  rejection,  the  corporation  is  authorized  to  negotiate a private or  public sale or readvertise  for  bids  in  the  form  and  manner  above  described  as many times as, in its judgment, may be necessary to effect  satisfactory sale.(c)  Notwithstanding  the  provisions  of  paragraph   (b)   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 a  negotiated basis or 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.    (d) 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.    (e) No private or public bond sale on  a  negotiated  basis  shall  be  conducted  by  the  corporation  without  prior  approval  of  the state  comptroller. 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.    (f)  The corporation shall annually submit its bond sale report to the  state comptroller and copies thereof to the senate finance committee and  the assembly ways and means committee.    (g) The corporation shall make available to the public copies  of  its  bond sale report upon reasonable request thereof.    (h)  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.    5. Any resolution or resolutions authorizing bonds  or  any  issue  of  bonds  by  the corporation may contain provisions which may be a part of  the contract with the holders of the bonds thereby authorized as to:    (a) pledging all or part of the  revenues,  together  with  any  other  monies  or  property  of  the  corporation  to secure the payment of the  bonds, or any costs of issuance thereof, including but not  limited  to,  any  contracts,  earnings  or  proceeds  of any grant to the corporation  received from any private or public source subject  to  such  agreements  with bondholders as may then exist;    (b)  the  setting  aside of reserves and the creation of sinking funds  and the regulation and disposition thereof;    (c) limitations on the purpose to which the proceeds from the sale  of  bonds may be applied;    (d) 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;    (e) 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;(f)  limitations  on  the issuance of additional bonds, the terms upon  which additional bonds may be issued and secured and  the  refunding  of  outstanding or other bonds;    (g)  the  procedure,  if  any, by which the terms of any contract with  bondholders may be amended or abrogated,  including  the  proportion  of  bondholders  which  must  consent  thereto, and the manner in which such  consent may be given;    (h) the creation of special funds into which any  revenues  or  monies  may be deposited;    (i) the terms and provisions of any trust, mortgage, deed or indenture  securing the bonds under which the bonds may be issued;    (j)  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 trustees appointed by  the  bondholders  pursuant  to this title or limiting the rights, duties  and powers of such trustee;    (k) defining the acts or omissions  to  act  which  may  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 such default, including as a matter of right appointment  of a receiver, provided, however, that such rights  and  remedies  shall  not  be  inconsistent  with  the  general  laws  of  the state and other  provisions of this title;    (l) limitations on the power of the corporation to sell  or  otherwise  dispose of any project or any part thereof or other property;    (m)  limitations  on  the  amount  of  revenues and other monies to be  expended  or  operating,  administrative  or  other  expenses   of   the  corporation;    (n) the payment of the proceeds of bonds, revenues and other monies to  a  trustee  or  other  depository,  and  for  the method of disbursement  thereof with such safeguards and restrictions  as  the  corporation  may  determine; and    (o)  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.    6.  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 monies or property, including the  mortgaging of any property and the entrusting, pledging or  creation  of  any other security interest in any such revenues, monies 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  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.    7.  Any  provision  of  the  uniform  commercial  code to the contrary  notwithstanding, any pledge of or other security interest  in  revenues,  monies, 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  securityinterest  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 claims  of  any  kind  in  tort,  contract  or otherwise against the corporation  irrespective of whether or not 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.    8. 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.    9. Neither the directors nor the  non-voting  representative  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.    10. 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.    11. 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-5 > 3608

§  3608.  Bonds  or notes of the corporation. 1. The corporation shall  have the power and is hereby authorized  from  time  to  time  to  issue  bonds,  notes or other obligations to pay the cost of any project or for  any other corporate purpose, including the establishment of reserves  to  secure  the  bonds,  the  payment  of principal of, premium, if any, and  interest on  the  bonds  and  the  payment  of  incidental  expenses  in  connection therewith. The corporation shall have the power and is hereby  authorized to enter into such agreements and perform such acts as may be  required  under  any  applicable federal legislation to secure a federal  guarantee or other subsidy with respect to any bonds.    2. The corporation shall have the power from time  to  time  to  renew  bonds  or to issue renewal bonds for such purpose, to issue bonds to pay  bonds, and, whenever it deems refunding expedient, to refund any bond 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  of  the  corporation. Bonds issued for refunding purposes shall be sold  and  the  proceeds  applied to the purchase, redemption or payment of the bonds or  notes to be refunded.    3. 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 monies 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 monies. 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.    4. (a) Bonds shall be authorized by resolution of the corporation,  be  in  such  denominations  and  bear such date or dates and mature at such  time or times, as such resolution may provide, provided that  bonds  and  renewals  thereof  shall  mature  within  forty  years  from the date of  original issuance of any such bonds.    (b) Bonds shall be subject to such terms of redemption, bear  interest  at such rate or rates, be 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 and conditions as  such  resolution  may  provide.  Notwithstanding  any other provision of law, 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 not less than four nor more than fifteen days,  Sunday excepted, after a notice of such sale has been published at least  once in a newspaper of general circulation in the  area  served  by  the  corporation,  which  shall state the terms of the sale. The terms of the  sale may not change unless notice of such change is  published  in  such  newspaper at least one day prior to the date of the sale as set forth in  the original notice of sale. Advertisements shall contain a provision to  the  effect  that  the corporation, in its discretion, may reject any or  all bids made pursuant to such advertisements, and in the event of  such  rejection,  the  corporation  is  authorized  to  negotiate a private or  public sale or readvertise  for  bids  in  the  form  and  manner  above  described  as many times as, in its judgment, may be necessary to effect  satisfactory sale.(c)  Notwithstanding  the  provisions  of  paragraph   (b)   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 a  negotiated basis or 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.    (d) 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.    (e) No private or public bond sale on  a  negotiated  basis  shall  be  conducted  by  the  corporation  without  prior  approval  of  the state  comptroller. 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.    (f)  The corporation shall annually submit its bond sale report to the  state comptroller and copies thereof to the senate finance committee and  the assembly ways and means committee.    (g) The corporation shall make available to the public copies  of  its  bond sale report upon reasonable request thereof.    (h)  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.    5. Any resolution or resolutions authorizing bonds  or  any  issue  of  bonds  by  the corporation may contain provisions which may be a part of  the contract with the holders of the bonds thereby authorized as to:    (a) pledging all or part of the  revenues,  together  with  any  other  monies  or  property  of  the  corporation  to secure the payment of the  bonds, or any costs of issuance thereof, including but not  limited  to,  any  contracts,  earnings  or  proceeds  of any grant to the corporation  received from any private or public source subject  to  such  agreements  with bondholders as may then exist;    (b)  the  setting  aside of reserves and the creation of sinking funds  and the regulation and disposition thereof;    (c) limitations on the purpose to which the proceeds from the sale  of  bonds may be applied;    (d) 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;    (e) 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;(f)  limitations  on  the issuance of additional bonds, the terms upon  which additional bonds may be issued and secured and  the  refunding  of  outstanding or other bonds;    (g)  the  procedure,  if  any, by which the terms of any contract with  bondholders may be amended or abrogated,  including  the  proportion  of  bondholders  which  must  consent  thereto, and the manner in which such  consent may be given;    (h) the creation of special funds into which any  revenues  or  monies  may be deposited;    (i) the terms and provisions of any trust, mortgage, deed or indenture  securing the bonds under which the bonds may be issued;    (j)  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 trustees appointed by  the  bondholders  pursuant  to this title or limiting the rights, duties  and powers of such trustee;    (k) defining the acts or omissions  to  act  which  may  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 such default, including as a matter of right appointment  of a receiver, provided, however, that such rights  and  remedies  shall  not  be  inconsistent  with  the  general  laws  of  the state and other  provisions of this title;    (l) limitations on the power of the corporation to sell  or  otherwise  dispose of any project or any part thereof or other property;    (m)  limitations  on  the  amount  of  revenues and other monies to be  expended  or  operating,  administrative  or  other  expenses   of   the  corporation;    (n) the payment of the proceeds of bonds, revenues and other monies to  a  trustee  or  other  depository,  and  for  the method of disbursement  thereof with such safeguards and restrictions  as  the  corporation  may  determine; and    (o)  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.    6.  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 monies or property, including the  mortgaging of any property and the entrusting, pledging or  creation  of  any other security interest in any such revenues, monies 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  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.    7.  Any  provision  of  the  uniform  commercial  code to the contrary  notwithstanding, any pledge of or other security interest  in  revenues,  monies, 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  securityinterest  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 claims  of  any  kind  in  tort,  contract  or otherwise against the corporation  irrespective of whether or not 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.    8. 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.    9. Neither the directors nor the  non-voting  representative  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.    10. 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.    11. 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.