NRS 349.306
Covenants and other provisions in state securities.


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.

Source: Section 349.306 — Covenants and other provisions in state securities., https://www.­leg.­state.­nv.­us/NRS/NRS-349.­html#NRS349Sec306.

349.150
Short title.
349.152
Purpose
349.154
Definitions.
349.156
“Acquisition” and “acquire” defined.
349.158
“Chair” and “Chair of the Commission” defined.
349.160
“Commercial bank” defined.
349.162
“Commission” defined.
349.164
“Condemnation” and “condemn” defined.
349.166
“Controller” defined.
349.168
“Cost of any project” defined.
349.169
“Disposal” and “dispose” defined.
349.170
“Facilities” defined.
349.172
“Federal Government” defined.
349.174
“Federal securities” defined.
349.176
“Governor” defined.
349.178
“Gross revenues” and “gross pledged revenues” defined.
349.180
“Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto,” “hereunder,” “heretofore” and “hereafter” defined.
349.182
“Holder” defined.
349.184
“Improvement” and “improve” defined.
349.186
“Net revenues” and “net pledged revenues” defined.
349.188
“Operation and maintenance expenses” defined.
349.192
“Pledged revenues” defined.
349.194
“Project” defined.
349.196
“Secretary” defined.
349.198
“State securities” and “securities” defined.
349.200
“State” defined.
349.202
“Taxation” defined.
349.204
“Taxes” defined.
349.206
“Treasurer” defined.
349.208
“Trust bank” defined.
349.210
“United States” defined.
349.212
Powers of State in connection with projects.
349.213
Power of eminent domain
349.214
Power of State to become obligated and issue securities for project.
349.216
Types of securities which may be issued
349.218
Notes and warrants: Maturity
349.220
Temporary bonds: Conditions, terms and provisions
349.222
Resolution authorizing issuance of securities: Description of purposes.
349.223
Sale of securities as investment to defray anticipated costs of college.
349.224
General obligations: Types of securities.
349.225
General obligation bonds subject to review and approval of State Board of Finance
349.226
Special obligations: Types of securities.
349.227
Variable rates of interest for securities
349.228
Securities issued as general obligations payable from gross revenues: Covenant requiring appropriations to pay expenses of operation and maintenance.
349.230
Securities issued as general obligations constitute outstanding indebtedness of State
349.232
Securities issued as special obligations do not constitute outstanding indebtedness of State.
349.234
Recitals required in state securities.
349.236
Payment of principal of and interest on general obligation bonds from Consolidated Bond Interest and Redemption Fund.
349.238
Annual levy of special tax to pay interest on and retire securities issued as general obligations
349.240
Time and duration of levy of special tax.
349.242
Payment from State General Fund when taxes insufficient to pay amount due on securities issued as general obligations
349.244
Application of other available money to payment of interest on and principal of securities issued as general obligations.
349.248
Proceeds of taxes specially appropriated to payment of principal and interest.
349.250
Payment of state securities not to be secured by encumbrance, mortgage or pledge of State’s property
349.251
Agreement for exchange of payments based on interest rates for state securities issued or proposed to be issued by Commission: Conditions
349.252
Recourse against members of Commission and state officers and agents: Acceptance of securities constitutes waiver and release.
349.254
Covenants in resolution authorizing issuance of special obligations impose no liability against State or its general credit.
349.256
Faith of State pledged against repeal, amendment or modification of State Securities Law.
349.260
Details of state securities provided by resolution.
349.262
Issuance of state securities.
349.270
Securities sold publicly to be sold to responsible bidder making best bid
349.274
Recital in securities conclusive evidence of validity and regularity of issuance.
349.276
Denomination, negotiability and maturity of state securities
349.278
Payment of principal, interest and premium when due without further order.
349.280
Interest coupons.
349.282
Execution, signing, countersigning and authentication of state securities and coupons.
349.284
Facsimile signatures and seals.
349.286
Securities not invalid because signatories cease to fill offices.
349.288
Adoption of facsimile signature of predecessor in office.
349.290
Redemption before maturity.
349.292
Repurchase of state securities.
349.294
Use of money received from issuance of state securities.
349.296
Disposition of unexpended balance of proceeds after completion of project.
349.298
Validity of securities not dependent on proceedings relating to project or completion of purpose
349.300
Special funds and accounts: Creation
349.302
Employment of legal and other expert services
349.303
Delegation of power of Commission to State Treasurer or designee to sign contracts or accept binding bids for purchase of bonds
349.304
Investment and reinvestment of revenues and proceeds of taxes and securities in federal securities or certain money market mutual funds.
349.306
Covenants and other provisions in state securities.
349.308
Pledged revenues received or credited subject to immediate lien
349.310
Rights and powers of holders of state securities and trustees.
349.312
Receivers: Appointment
349.314
Rights and remedies cumulative.
349.316
Failure of holder to proceed does not relieve State, Commission and officers, agents and employees of State of liability for nonperformance of duties.
349.318
Interim debentures: Issuance for general or special obligations.
349.320
Issuance of state securities constituting debt to fund or refund special obligations not constituting indebtedness: Conditions
349.322
Interim debentures: Maturity
349.324
Interim debentures: Security for payment.
349.326
Interim debentures: Extension and funding.
349.328
Interim debentures: Funding by reissuance of bonds pledged as collateral security
349.330
Refunding of general and special obligation bonds: Resolution
349.332
Calls for prior redemption: Limitations.
349.334
Exchange of outstanding securities held by State or its agencies for funding or refunding.
349.336
Refunding of outstanding securities evidencing long-term loans.
349.338
Refunding bonds: Exchange for outstanding bonds or federal securities
349.340
Conditions for refunding bonds.
349.342
Refunding bonds: Disposition of proceeds
349.344
Proceeds of refunding bonds in escrow or trust: Investment
349.346
Refunding bonds payable from taxes or pledged revenues.
349.348
Issuance of bonds separately or in combination.
349.350
Other statutory provisions applicable to refunding bonds.
349.352
Conclusive determination of Commission that statutory limitations have been met.
349.354
Bonds and other securities exempt from taxation
349.356
Securities issued as general obligations are legal investments for state money.
349.358
Legal investments for other persons.
349.362
Sufficiency of State Securities Law.
349.364
Liberal construction.
349.1695
“Equip” and “equipment” defined.
349.2275
Variable rates of interest: Exemption from limitations
Last Updated

Feb. 5, 2021

§ 349.306’s source at nv​.us