{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-55.40.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-55.40.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-55.40.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-55.40.html"}],"law_id":59570,"edition_id":1,"section_id":59570,"structure_id":13116,"section_number":"36-55.40","catch_line":"Notes and bonds","history":"1972, c. 830; 1978, c. 189; 1996, c. 298; 1998, c. 442.","full_text":"A\n\n1. HDA shall have power and is hereby authorized to issue from time to time its negotiable notes and bonds in conformity with applicable provisions of the Uniform Commercial Code in such principal amount as HDA shall determine to be necessary to provide sufficient funds for achieving any of its corporate purposes, including the payment of interest on notes and bonds of HDA, establishment of reserves to secure such notes and bonds, and all other expenditures of HDA incident to and necessary or convenient to carry out its corporate purposes and powers. In accordance with \u00a7 2.2-5002, such power to issue notes and bonds shall not be restricted or limited solely because the interest on the notes and bonds is subject, in whole or in part, directly or indirectly, to federal income taxes.2\n\nHDA shall have the power, from time to time, to issue (i) notes to renew notes and (ii) bonds, to pay notes, including the interest thereon and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes. The refunding bonds may be (i) exchanged for the bonds to be refunded or (ii) sold and the proceeds applied to the purchase, redemption or payment of such bonds.3\n\nExcept as may otherwise be expressly provided by HDA, every issue of its notes and bonds shall be general obligations of HDA payable out of any revenues or moneys of HDA, subject only to any agreements with the holders of particular notes or bonds pledging any particular revenues.B\n\nThe notes and bonds shall be authorized by resolution or resolutions of HDA, shall bear such date or dates and shall mature at such time or times as such resolution or resolutions may provide, except that no bond shall mature more than fifty years from the date of its issue. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof. The notes and bonds shall bear interest at such rate or rates, be in such denominations, 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. The notes and bonds of HDA may be sold by HDA, at public or private sale, at such price or prices as HDA shall determine.C\n\nAny resolution or resolutions authorizing any notes or bonds or any issue thereof may contain provisions, which shall be a part of the contract or contracts with the holders thereof, as to:1\n\nPledging all or any part of the revenues to secure the payment of the notes or bonds or of any issue thereof, subject to such agreements with noteholders or bondholders as may then exist;2\n\nPledging all or any part of the assets of HDA, including mortgages and obligations securing the same, to secure the payment of the notes or bonds or of any issue of notes or bonds, subject to such agreements with noteholders or bondholders as may then exist;3\n\nThe use and disposition of the gross income from mortgages owned by HDA and payment of principal of mortgages owned by HDA;4\n\nThe setting aside of reserves or sinking funds and the regulation and disposition thereof;5\n\nLimitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging such proceeds to secure the payment of the notes or bonds or of any issue thereof;6\n\nLimitations on the issuance of additional notes or bonds; the terms upon which additional notes or bonds may be issued and secured; and the refunding of outstanding or other notes or bonds;7\n\nThe procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent thereto; and the manner in which such consent may be given;8\n\nLimitations on the amount of moneys to be expended by HDA for operating expenses of HDA;9\n\nVesting in a trustee or trustees such property, rights, powers and duties in trust as HDA may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to this chapter and limiting or abrogating the right of the bondholders to appoint a trustee under this chapter or limiting the rights, powers and duties of such trustee;10\n\nDefining the acts or omissions to act which shall constitute a default in the obligations and duties of HDA to the holders of the notes or bonds and providing for the rights and remedies of the holders of the notes or bonds in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the Commonwealth and the other provisions of this chapter;11\n\nAny other matters, of like or different character, which in any way affect the security or protection of the holders of the notes or bonds.D\n\nAny pledge made by HDA shall be valid and binding from the time when the pledge is made; HDA&#8217;s interest, then existing or thereafter obtained, in the revenues, moneys, mortgage loans, receivables, contract rights or other property or proceeds so pledged shall immediately be subject to the lien of such pledge without any physical delivery or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against HDA, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded, nor shall any filing be required with respect thereto.E\n\nNeither the commissioners of HDA nor any other person executing such notes or bonds shall be subject to any personal liability or accountability by reason of the issuance thereof.F\n\nHDA, subject to such agreements with noteholders or bondholders as may then exist, shall have power out of any funds available therefor to purchase notes or bonds of HDA, which shall thereupon be cancelled unless HDA shall provide written notification to the trustee pursuant to subsection J, at a price not exceeding:1\n\nIf the notes or bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment thereon, or2\n\nIf the notes or bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to redemption plus accrued interest to such date.G\n\nIn the discretion of HDA, the bonds may be secured by a trust indenture by and between HDA and a corporate trustee, which may be any trust company or bank having the power of a trust company within or without the Commonwealth. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of HDA in relation to the exercise of its corporate powers and the custody, safeguarding and application of all moneys. HDA may provide by such trust indenture for the payment of the proceeds of the bonds and the revenues to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the operating expenses of HDA. If the bonds shall be secured by a trust indenture, the bondholders shall have no authority to appoint a separate trustee to represent them.H\n\nWhether or not the notes and bonds are of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code, the notes and 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 notes and bonds for registration.I\n\nIn case any of the commissioners or officers of HDA whose signatures appear on any notes or bonds or coupons shall cease to be such commissioners or officers before the delivery of such notes or bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery.J\n\nNotwithstanding any statute or case law to the contrary, the purchase or actual or constructive ownership by HDA of any of its notes or bonds with the intent that such notes or bonds remain outstanding, as evidenced by written notification from HDA to the trustee under the resolution or trust indenture, shall not cause such notes or bonds or the indebtedness evidenced thereby to be canceled or extinguished, subject to such terms and conditions as may be set forth in the written notification and except as may be otherwise provided in the resolution or trust indenture.","order_by":null,"text":{"0":{"id":218209,"text":"1. HDA shall have power and is hereby authorized to issue from time to time its negotiable notes and bonds in conformity with applicable provisions of the Uniform Commercial Code in such principal amount as HDA shall determine to be necessary to provide sufficient funds for achieving any of its corporate purposes, including the payment of interest on notes and bonds of HDA, establishment of reserves to secure such notes and bonds, and all other expenditures of HDA incident to and necessary or convenient to carry out its corporate purposes and powers. In accordance with \u00a7 2.2-5002, such power to issue notes and bonds shall not be restricted or limited solely because the interest on the notes and bonds is subject, in whole or in part, directly or indirectly, to federal income taxes.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":218210,"text":"HDA shall have the power, from time to time, to issue (i) notes to renew notes and (ii) bonds, to pay notes, including the interest thereon and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes. The refunding bonds may be (i) exchanged for the bonds to be refunded or (ii) sold and the proceeds applied to the purchase, redemption or payment of such bonds.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"A3"},"2":{"id":218211,"text":"Except as may otherwise be expressly provided by HDA, every issue of its notes and bonds shall be general obligations of HDA payable out of any revenues or moneys of HDA, subject only to any agreements with the holders of particular notes or bonds pledging any particular revenues.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"3":{"id":218212,"text":"The notes and bonds shall be authorized by resolution or resolutions of HDA, shall bear such date or dates and shall mature at such time or times as such resolution or resolutions may provide, except that no bond shall mature more than fifty years from the date of its issue. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof. The notes and bonds shall bear interest at such rate or rates, be in such denominations, 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. The notes and bonds of HDA may be sold by HDA, at public or private sale, at such price or prices as HDA shall determine.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"4":{"id":218213,"text":"Any resolution or resolutions authorizing any notes or bonds or any issue thereof may contain provisions, which shall be a part of the contract or contracts with the holders thereof, as to:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"5":{"id":218214,"text":"Pledging all or any part of the revenues to secure the payment of the notes or bonds or of any issue thereof, subject to such agreements with noteholders or bondholders as may then exist;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":218215,"text":"Pledging all or any part of the assets of HDA, including mortgages and obligations securing the same, to secure the payment of the notes or bonds or of any issue of notes or bonds, subject to such agreements with noteholders or bondholders as may then exist;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"7":{"id":218216,"text":"The use and disposition of the gross income from mortgages owned by HDA and payment of principal of mortgages owned by HDA;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"8":{"id":218217,"text":"The setting aside of reserves or sinking funds and the regulation and disposition thereof;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"9":{"id":218218,"text":"Limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging such proceeds to secure the payment of the notes or bonds or of any issue thereof;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"10":{"id":218219,"text":"Limitations on the issuance of additional notes or bonds; the terms upon which additional notes or bonds may be issued and secured; and the refunding of outstanding or other notes or bonds;","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"11":{"id":218220,"text":"The procedure, if any, by which the terms of any contract with noteholders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent thereto; and the manner in which such consent may be given;","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"C8"},"12":{"id":218221,"text":"Limitations on the amount of moneys to be expended by HDA for operating expenses of HDA;","type":"section","prefixes":["C","8"],"prefix":"8","entire_prefix":"C8","prefix_anchor":"C8","level":2,"prior_prefix":"C7","next_prefix":"C9"},"13":{"id":218222,"text":"Vesting in a trustee or trustees such property, rights, powers and duties in trust as HDA may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to this chapter and limiting or abrogating the right of the bondholders to appoint a trustee under this chapter or limiting the rights, powers and duties of such trustee;","type":"section","prefixes":["C","9"],"prefix":"9","entire_prefix":"C9","prefix_anchor":"C9","level":2,"prior_prefix":"C8","next_prefix":"C10"},"14":{"id":218223,"text":"Defining the acts or omissions to act which shall constitute a default in the obligations and duties of HDA to the holders of the notes or bonds and providing for the rights and remedies of the holders of the notes or bonds in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the Commonwealth and the other provisions of this chapter;","type":"section","prefixes":["C","10"],"prefix":"10","entire_prefix":"C10","prefix_anchor":"C10","level":2,"prior_prefix":"C9","next_prefix":"C11"},"15":{"id":218224,"text":"Any other matters, of like or different character, which in any way affect the security or protection of the holders of the notes or bonds.","type":"section","prefixes":["C","11"],"prefix":"11","entire_prefix":"C11","prefix_anchor":"C11","level":2,"prior_prefix":"C10","next_prefix":"D"},"16":{"id":218225,"text":"Any pledge made by HDA shall be valid and binding from the time when the pledge is made; HDA&#8217;s interest, then existing or thereafter obtained, in the revenues, moneys, mortgage loans, receivables, contract rights or other property or proceeds so pledged shall immediately be subject to the lien of such pledge without any physical delivery or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against HDA, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded, nor shall any filing be required with respect thereto.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C11","next_prefix":"E"},"17":{"id":218226,"text":"Neither the commissioners of HDA nor any other person executing such notes or bonds shall be subject to any personal liability or accountability by reason of the issuance thereof.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"18":{"id":218227,"text":"HDA, subject to such agreements with noteholders or bondholders as may then exist, shall have power out of any funds available therefor to purchase notes or bonds of HDA, which shall thereupon be cancelled unless HDA shall provide written notification to the trustee pursuant to subsection J, at a price not exceeding:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"19":{"id":218228,"text":"If the notes or bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment thereon, or","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"20":{"id":218229,"text":"If the notes or bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to redemption plus accrued interest to such date.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"G"},"21":{"id":218230,"text":"In the discretion of HDA, the bonds may be secured by a trust indenture by and between HDA and a corporate trustee, which may be any trust company or bank having the power of a trust company within or without the Commonwealth. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of HDA in relation to the exercise of its corporate powers and the custody, safeguarding and application of all moneys. HDA may provide by such trust indenture for the payment of the proceeds of the bonds and the revenues to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the operating expenses of HDA. If the bonds shall be secured by a trust indenture, the bondholders shall have no authority to appoint a separate trustee to represent them.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2","next_prefix":"H"},"22":{"id":218231,"text":"Whether or not the notes and bonds are of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code, the notes and 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 notes and bonds for registration.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"23":{"id":218232,"text":"In case any of the commissioners or officers of HDA whose signatures appear on any notes or bonds or coupons shall cease to be such commissioners or officers before the delivery of such notes or bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"24":{"id":218233,"text":"Notwithstanding any statute or case law to the contrary, the purchase or actual or constructive ownership by HDA of any of its notes or bonds with the intent that such notes or bonds remain outstanding, as evidenced by written notification from HDA to the trustee under the resolution or trust indenture, shall not cause such notes or bonds or the indebtedness evidenced thereby to be canceled or extinguished, subject to such terms and conditions as may be set forth in the written notification and except as may be otherwise provided in the resolution or trust indenture.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":13116,"edition_id":1,"name":"Virginia Housing Development Authority Act","identifier":"1.2","label":"chapter","depth":2,"order_by":1,"parent_id":12779,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":208615,"object_type":"structure","relational_id":13116,"identifier":"1.2","token":"36\/1.2","url":"\/36\/1.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12779,"edition_id":1,"name":"Housing","identifier":"36","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":208257,"object_type":"structure","relational_id":12779,"identifier":"36","token":"36","url":"\/36\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54925,"structure_id":13116,"section_number":"36-55.24","catch_line":"Short title","url":"\/36-55.24\/","token":"36\/1.2\/36-55.24","metadata":false},{"id":67716,"structure_id":13116,"section_number":"36-55.25","catch_line":"Finding and declaration of necessity","url":"\/36-55.25\/","token":"36\/1.2\/36-55.25","metadata":false},{"id":70563,"structure_id":13116,"section_number":"36-55.26","catch_line":"Definitions","url":"\/36-55.26\/","token":"36\/1.2\/36-55.26","metadata":false},{"id":57123,"structure_id":13116,"section_number":"36-55.27","catch_line":"Virginia Housing Development Authority continued; constituted a public instrumentality","url":"\/36-55.27\/","token":"36\/1.2\/36-55.27","metadata":false},{"id":56888,"structure_id":13116,"section_number":"36-55.27:1","catch_line":"Programs and regulations to implement the Consolidated Plan","url":"\/36-55.27_1\/","token":"36\/1.2\/36-55.27_1","metadata":false},{"id":71487,"structure_id":13116,"section_number":"36-55.28","catch_line":"Appointment and tenure of commissioners; officers; quorum; compensation; liability","url":"\/36-55.28\/","token":"36\/1.2\/36-55.28","metadata":false},{"id":55520,"structure_id":13116,"section_number":"36-55.29","catch_line":"Executive director","url":"\/36-55.29\/","token":"36\/1.2\/36-55.29","metadata":false},{"id":76665,"structure_id":13116,"section_number":"36-55.30","catch_line":"Powers of HDA generally","url":"\/36-55.30\/","token":"36\/1.2\/36-55.30","metadata":false},{"id":75266,"structure_id":13116,"section_number":"36-55.30:1","catch_line":"Repealed","url":"\/36-55.30_1\/","token":"36\/1.2\/36-55.30_1","metadata":false},{"id":54150,"structure_id":13116,"section_number":"36-55.30:2","catch_line":"Housing revitalization areas; economically mixed projects","url":"\/36-55.30_2\/","token":"36\/1.2\/36-55.30_2","metadata":false},{"id":62068,"structure_id":13116,"section_number":"36-55.30:3","catch_line":"Regulations; adoption procedures","url":"\/36-55.30_3\/","token":"36\/1.2\/36-55.30_3","metadata":false},{"id":63704,"structure_id":13116,"section_number":"36-55.31","catch_line":"Powers relative to making mortgage loans and temporary construction loans to housing sponsors and persons and families of low and moderate income","url":"\/36-55.31\/","token":"36\/1.2\/36-55.31","metadata":false},{"id":79161,"structure_id":13116,"section_number":"36-55.31:1","catch_line":"Loans for installation of certain energy-saving devices","url":"\/36-55.31_1\/","token":"36\/1.2\/36-55.31_1","metadata":false},{"id":76634,"structure_id":13116,"section_number":"36-55.32","catch_line":"Powers relative to purchase and sale to mortgage lenders of mortgage loans; loans to mortgage lenders","url":"\/36-55.32\/","token":"36\/1.2\/36-55.32","metadata":false},{"id":70770,"structure_id":13116,"section_number":"36-55.33","catch_line":"Repealed","url":"\/36-55.33\/","token":"36\/1.2\/36-55.33","metadata":false},{"id":85938,"structure_id":13116,"section_number":"36-55.33:1","catch_line":"Mortgage loan terms and conditions","url":"\/36-55.33_1\/","token":"36\/1.2\/36-55.33_1","metadata":false},{"id":64397,"structure_id":13116,"section_number":"36-55.33:2","catch_line":"Powers relative to acquisition, development and ownership by HDA of multi-family residential housing","url":"\/36-55.33_2\/","token":"36\/1.2\/36-55.33_2","metadata":false},{"id":77047,"structure_id":13116,"section_number":"36-55.34","catch_line":"Repealed","url":"\/36-55.34\/","token":"36\/1.2\/36-55.34","metadata":false},{"id":58416,"structure_id":13116,"section_number":"36-55.34:1","catch_line":"Power to supervise housing sponsors","url":"\/36-55.34_1\/","token":"36\/1.2\/36-55.34_1","metadata":false},{"id":61595,"structure_id":13116,"section_number":"36-55.34:2","catch_line":"Power to enter into agreements with owners of housing developments eligible for federal low-income housing credits","url":"\/36-55.34_2\/","token":"36\/1.2\/36-55.34_2","metadata":false},{"id":63859,"structure_id":13116,"section_number":"36-55.35","catch_line":"Terms and conditions of purchase from and sale to mortgage lenders of mortgage loans; loans to mortgage lenders","url":"\/36-55.35\/","token":"36\/1.2\/36-55.35","metadata":false},{"id":76002,"structure_id":13116,"section_number":"36-55.36","catch_line":"Terms and conditions of mortgage insurance","url":"\/36-55.36\/","token":"36\/1.2\/36-55.36","metadata":false},{"id":58720,"structure_id":13116,"section_number":"36-55.36:1","catch_line":"Power to create insurance funds and form corporations for the purpose of insuring HDA mortgage loans","url":"\/36-55.36_1\/","token":"36\/1.2\/36-55.36_1","metadata":false},{"id":76281,"structure_id":13116,"section_number":"36-55.37","catch_line":"Exemption from taxation","url":"\/36-55.37\/","token":"36\/1.2\/36-55.37","metadata":false},{"id":70238,"structure_id":13116,"section_number":"36-55.37:1","catch_line":"Repealed","url":"\/36-55.37_1\/","token":"36\/1.2\/36-55.37_1","metadata":false},{"id":73470,"structure_id":13116,"section_number":"36-55.38","catch_line":"Admission and income limitations relative to housing developments","url":"\/36-55.38\/","token":"36\/1.2\/36-55.38","metadata":false},{"id":70596,"structure_id":13116,"section_number":"36-55.39","catch_line":"Procedure prior to financing of housing developments undertaken by housing sponsors","url":"\/36-55.39\/","token":"36\/1.2\/36-55.39","metadata":false},{"id":59570,"structure_id":13116,"section_number":"36-55.40","catch_line":"Notes and bonds","url":"\/36-55.40\/","token":"36\/1.2\/36-55.40","metadata":false},{"id":60236,"structure_id":13116,"section_number":"36-55.41","catch_line":"Reserve funds and appropriations","url":"\/36-55.41\/","token":"36\/1.2\/36-55.41","metadata":false},{"id":73160,"structure_id":13116,"section_number":"36-55.42","catch_line":"Refunding obligations; issuance","url":"\/36-55.42\/","token":"36\/1.2\/36-55.42","metadata":false},{"id":87248,"structure_id":13116,"section_number":"36-55.43","catch_line":"Same; sale","url":"\/36-55.43\/","token":"36\/1.2\/36-55.43","metadata":false},{"id":55926,"structure_id":13116,"section_number":"36-55.44","catch_line":"Deposit and investment of moneys of HDA","url":"\/36-55.44\/","token":"36\/1.2\/36-55.44","metadata":false},{"id":85356,"structure_id":13116,"section_number":"36-55.44:1","catch_line":"Swap agreements by HDA authorized","url":"\/36-55.44_1\/","token":"36\/1.2\/36-55.44_1","metadata":false},{"id":87234,"structure_id":13116,"section_number":"36-55.45","catch_line":"Agreement with Commonwealth","url":"\/36-55.45\/","token":"36\/1.2\/36-55.45","metadata":false},{"id":64957,"structure_id":13116,"section_number":"36-55.46","catch_line":"Commonwealth not liable on notes and bonds","url":"\/36-55.46\/","token":"36\/1.2\/36-55.46","metadata":false},{"id":78753,"structure_id":13116,"section_number":"36-55.47","catch_line":"Remedies of noteholders and bondholders","url":"\/36-55.47\/","token":"36\/1.2\/36-55.47","metadata":false},{"id":72915,"structure_id":13116,"section_number":"36-55.48","catch_line":"Grants from Commonwealth","url":"\/36-55.48\/","token":"36\/1.2\/36-55.48","metadata":false},{"id":65639,"structure_id":13116,"section_number":"36-55.49","catch_line":"Notes and bonds as legal investments","url":"\/36-55.49\/","token":"36\/1.2\/36-55.49","metadata":false},{"id":67775,"structure_id":13116,"section_number":"36-55.50","catch_line":"Liberal construction","url":"\/36-55.50\/","token":"36\/1.2\/36-55.50","metadata":false},{"id":71544,"structure_id":13116,"section_number":"36-55.51","catch_line":"Reports","url":"\/36-55.51\/","token":"36\/1.2\/36-55.51","metadata":false},{"id":70076,"structure_id":13116,"section_number":"36-55.51:1","catch_line":"Annual audit","url":"\/36-55.51_1\/","token":"36\/1.2\/36-55.51_1","metadata":false},{"id":81339,"structure_id":13116,"section_number":"36-55.52","catch_line":"Inconsistent provisions in other laws superseded","url":"\/36-55.52\/","token":"36\/1.2\/36-55.52","metadata":false}],"previous_section":{"id":70596,"structure_id":13116,"section_number":"36-55.39","catch_line":"Procedure prior to financing of housing developments undertaken by housing sponsors","url":"\/36-55.39\/","token":"36\/1.2\/36-55.39","metadata":false},"next_section":{"id":60236,"structure_id":13116,"section_number":"36-55.41","catch_line":"Reserve funds and appropriations","url":"\/36-55.41\/","token":"36\/1.2\/36-55.41","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-55.40\/","history_text":"<p>This law was first created in 1972. The record of its establishment is cataloged in chapter 830 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1978, chapter 189; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0298\">298<\/a>; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0442\">442<\/a>.<\/p>","references":false,"refers_to":[{"id":63107,"section_number":"2.2-5002","catch_line":"Power to issue obligations not to be denied because interest is subject to federal income taxation","order_by":null,"url":"\/2.2-5002\/"}],"permalink":{"id":208725,"object_type":"law","relational_id":59570,"identifier":"36-55.40","token":"36\/1.2\/36-55.40","url":"\/36-55.40\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-55.40\/","token":"36\/1.2\/36-55.40","dublin_core":{"Title":"Notes and bonds","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-55.40","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> 1. <span class=\"dictionary\">HDA<\/span> shall have power and is hereby authorized to <span class=\"dictionary\">issue<\/span> from time to time its negotiable notes and <span class=\"dictionary\">bonds<\/span> in conformity with applicable provisions of the Uniform Commercial Code in such principal amount as <span class=\"dictionary\">HDA<\/span> shall determine to be necessary to provide sufficient funds for achieving any of its corporate purposes, including the payment of interest on notes and <span class=\"dictionary\">bonds<\/span> of <span class=\"dictionary\">HDA<\/span>, establishment of reserves to secure such notes and <span class=\"dictionary\">bonds<\/span>, and all other expenditures of <span class=\"dictionary\">HDA<\/span> incident to and necessary or convenient to carry out its corporate purposes and powers. In accordance with \u00a7&nbsp;<a class=\"law\" title=\"Power to issue obligations not to be denied because interest is subject to federal income taxation\" href=\"\/2.2-5002\/\">2.2-5002<\/a>, such power to <span class=\"dictionary\">issue<\/span> notes and <span class=\"dictionary\">bonds<\/span> shall not be restricted or limited solely because the interest on the notes and <span class=\"dictionary\">bonds<\/span> is subject, in whole or in part, directly or indirectly, to federal income taxes. <a id=\"paragraph-218209\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> <span class=\"dictionary\">HDA<\/span> shall have the power, from time to time, to <span class=\"dictionary\">issue<\/span> (i) notes to renew notes and (ii) <span class=\"dictionary\">bonds<\/span>, to pay notes, including the interest thereon and, whenever it deems refunding expedient, to refund any <span class=\"dictionary\">bonds<\/span> by the issuance of new <span class=\"dictionary\">bonds<\/span>, whether the <span class=\"dictionary\">bonds<\/span> to be refunded have or have not matured, and to <span class=\"dictionary\">issue<\/span> <span class=\"dictionary\">bonds<\/span> partly to refund <span class=\"dictionary\">bonds<\/span> then outstanding and partly for any of its corporate purposes. The refunding <span class=\"dictionary\">bonds<\/span> may be (i) exchanged for the <span class=\"dictionary\">bonds<\/span> to be refunded or (ii) sold and the proceeds applied to the purchase, <span class=\"dictionary\">redemption<\/span> or payment of such <span class=\"dictionary\">bonds<\/span>. <a id=\"paragraph-218210\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Except as may otherwise be expressly provided by <span class=\"dictionary\">HDA<\/span>, every <span class=\"dictionary\">issue<\/span> of its notes and <span class=\"dictionary\">bonds<\/span> shall be general obligations of <span class=\"dictionary\">HDA<\/span> payable out of any revenues or moneys of <span class=\"dictionary\">HDA<\/span>, subject only to any agreements with the holders of particular notes or <span class=\"dictionary\">bonds<\/span> pledging any particular revenues. <a id=\"paragraph-218211\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The notes and <span class=\"dictionary\">bonds<\/span> shall be authorized by resolution or resolutions of <span class=\"dictionary\">HDA<\/span>, shall bear such date or dates and shall mature at such time or times as such resolution or resolutions may provide, except that no <span class=\"dictionary\">bond<\/span> shall mature more than fifty years from the date of its <span class=\"dictionary\">issue<\/span>. The <span class=\"dictionary\">bonds<\/span> may be issued as serial <span class=\"dictionary\">bonds<\/span> payable in annual installments or as term <span class=\"dictionary\">bonds<\/span> or as a combination thereof. The notes and <span class=\"dictionary\">bonds<\/span> shall bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such registration <span class=\"dictionary\">privileges<\/span>, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of <span class=\"dictionary\">redemption<\/span> as such resolution or resolutions may provide. The notes and <span class=\"dictionary\">bonds<\/span> of <span class=\"dictionary\">HDA<\/span> may be sold by <span class=\"dictionary\">HDA<\/span>, at public or private sale, at such price or prices as <span class=\"dictionary\">HDA<\/span> shall determine. <a id=\"paragraph-218212\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any resolution or resolutions authorizing any notes or <span class=\"dictionary\">bonds<\/span> or any <span class=\"dictionary\">issue<\/span> thereof may contain provisions, which shall be a part of the <span class=\"dictionary\">contract<\/span> or <span class=\"dictionary\">contracts<\/span> with the holders thereof, as to: <a id=\"paragraph-218213\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Pledging all or any part of the revenues to secure the payment of the notes or <span class=\"dictionary\">bonds<\/span> or of any <span class=\"dictionary\">issue<\/span> thereof, subject to such agreements with noteholders or bondholders as may then exist; <a id=\"paragraph-218214\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Pledging all or any part of the <span class=\"dictionary\">assets<\/span> of <span class=\"dictionary\">HDA<\/span>, including <span class=\"dictionary\">mortgages<\/span> and obligations securing the same, to secure the payment of the notes or <span class=\"dictionary\">bonds<\/span> or of any <span class=\"dictionary\">issue<\/span> of notes or <span class=\"dictionary\">bonds<\/span>, subject to such agreements with noteholders or bondholders as may then exist; <a id=\"paragraph-218215\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The use and <span class=\"dictionary\">disposition<\/span> of the gross income from <span class=\"dictionary\">mortgages<\/span> owned by <span class=\"dictionary\">HDA<\/span> and payment of principal of <span class=\"dictionary\">mortgages<\/span> owned by <span class=\"dictionary\">HDA<\/span>; <a id=\"paragraph-218216\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#C3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The setting aside of reserves or sinking funds and the regulation and <span class=\"dictionary\">disposition<\/span> thereof; <a id=\"paragraph-218217\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#C4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Limitations on the purpose to which the proceeds of sale of notes or <span class=\"dictionary\">bonds<\/span> may be applied and pledging such proceeds to secure the payment of the notes or <span class=\"dictionary\">bonds<\/span> or of any <span class=\"dictionary\">issue<\/span> thereof; <a id=\"paragraph-218218\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#C5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> Limitations on the issuance of additional notes or <span class=\"dictionary\">bonds<\/span>; the terms upon which additional notes or <span class=\"dictionary\">bonds<\/span> may be issued and secured; and the refunding of outstanding or other notes or <span class=\"dictionary\">bonds<\/span>; <a id=\"paragraph-218219\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#C6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> The procedure, if any, by which the terms of any <span class=\"dictionary\">contract<\/span> with noteholders or bondholders may be amended or abrogated, the amount of notes or <span class=\"dictionary\">bonds<\/span> the holders of which must consent thereto; and the manner in which such consent may be given; <a id=\"paragraph-218220\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#C7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C8\" class=\"indent-1\"><p><span class=\"prefix-number\">8.<\/span> Limitations on the amount of moneys to be expended by <span class=\"dictionary\">HDA<\/span> for operating expenses of <span class=\"dictionary\">HDA<\/span>; <a id=\"paragraph-218221\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#C8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C9\" class=\"indent-1\"><p><span class=\"prefix-number\">9.<\/span> Vesting in a trustee or trustees such property, rights, powers and duties in trust as <span class=\"dictionary\">HDA<\/span> may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to this chapter and limiting or abrogating the right of the bondholders to appoint a trustee under this chapter or limiting the rights, powers and duties of such trustee; <a id=\"paragraph-218222\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#C9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C10\" class=\"indent-1\"><p><span class=\"prefix-number\">10.<\/span> Defining the acts or omissions to act which shall constitute a <span class=\"dictionary\">default<\/span> in the obligations and duties of <span class=\"dictionary\">HDA<\/span> to the holders of the notes or <span class=\"dictionary\">bonds<\/span> and providing for the rights and remedies of the holders of the notes or <span class=\"dictionary\">bonds<\/span> in the event of such <span class=\"dictionary\">default<\/span>, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general <span class=\"dictionary\">laws<\/span> of the Commonwealth and the other provisions of this chapter; <a id=\"paragraph-218223\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#C10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C11\" class=\"indent-1\"><p><span class=\"prefix-number\">11.<\/span> Any other matters, of like or different character, which in any way affect the security or protection of the holders of the notes or <span class=\"dictionary\">bonds<\/span>. <a id=\"paragraph-218224\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#C11\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Any pledge made by <span class=\"dictionary\">HDA<\/span> shall be valid and binding from the time when the pledge is made; <span class=\"dictionary\">HDA<\/span>&#8217;s interest, then existing or thereafter obtained, in the revenues, moneys, <span class=\"dictionary\">mortgage loans<\/span>, receivables, <span class=\"dictionary\">contract<\/span> rights or other property or proceeds so pledged shall immediately be subject to the <span class=\"dictionary\">lien<\/span> of such pledge without any physical delivery or further act, and the <span class=\"dictionary\">lien<\/span> of such pledge shall be valid and binding as against all parties having claims of any kind in <span class=\"dictionary\">tort<\/span>, <span class=\"dictionary\">contract<\/span> or otherwise against <span class=\"dictionary\">HDA<\/span>, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded, nor shall any filing be required with respect thereto. <a id=\"paragraph-218225\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Neither the commissioners of <span class=\"dictionary\">HDA<\/span> nor any other person executing such notes or <span class=\"dictionary\">bonds<\/span> shall be subject to any personal liability or accountability by reason of the issuance thereof. <a id=\"paragraph-218226\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> <span class=\"dictionary\">HDA<\/span>, subject to such agreements with noteholders or bondholders as may then exist, shall have power out of any funds available therefor to purchase notes or <span class=\"dictionary\">bonds<\/span> of <span class=\"dictionary\">HDA<\/span>, which shall thereupon be cancelled unless <span class=\"dictionary\">HDA<\/span> shall provide written notification to the trustee pursuant to subsection J, at a price not exceeding: <a id=\"paragraph-218227\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> If the notes or <span class=\"dictionary\">bonds<\/span> are then redeemable, the <span class=\"dictionary\">redemption<\/span> price then applicable plus accrued interest to the next interest payment thereon, or <a id=\"paragraph-218228\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#F1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> If the notes or <span class=\"dictionary\">bonds<\/span> are not then redeemable, the <span class=\"dictionary\">redemption<\/span> price applicable on the first date after such purchase upon which the notes or <span class=\"dictionary\">bonds<\/span> become subject to <span class=\"dictionary\">redemption<\/span> plus accrued interest to such date. <a id=\"paragraph-218229\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#F2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> In the discretion of <span class=\"dictionary\">HDA<\/span>, the <span class=\"dictionary\">bonds<\/span> may be secured by a trust indenture by and between <span class=\"dictionary\">HDA<\/span> and a corporate trustee, which may be any trust company or bank having the power of a trust company within or without the Commonwealth. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of <span class=\"dictionary\">law<\/span>, including covenants setting forth the duties of <span class=\"dictionary\">HDA<\/span> in relation to the exercise of its corporate powers and the <span class=\"dictionary\">custody<\/span>, safeguarding and application of all moneys. <span class=\"dictionary\">HDA<\/span> may provide by such trust indenture for the payment of the proceeds of the <span class=\"dictionary\">bonds<\/span> and the revenues to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the operating expenses of <span class=\"dictionary\">HDA<\/span>. If the <span class=\"dictionary\">bonds<\/span> shall be secured by a trust indenture, the bondholders shall have no authority to appoint a separate trustee to represent them. <a id=\"paragraph-218230\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Whether or not the notes and <span class=\"dictionary\">bonds<\/span> are of such form and character as to be negotiable instruments under the terms of the Uniform Commercial Code, the notes and <span class=\"dictionary\">bonds<\/span> 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 notes and <span class=\"dictionary\">bonds<\/span> for registration. <a id=\"paragraph-218231\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> In case any of the commissioners or officers of <span class=\"dictionary\">HDA<\/span> whose signatures appear on any notes or <span class=\"dictionary\">bonds<\/span> or coupons shall cease to be such commissioners or officers before the delivery of such notes or <span class=\"dictionary\">bonds<\/span>, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery. <a id=\"paragraph-218232\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"J\"><p><span class=\"prefix-number\">J.<\/span> Notwithstanding any <span class=\"dictionary\">statute<\/span> or <span class=\"dictionary\">case law<\/span> to the contrary, the purchase or actual or constructive ownership by <span class=\"dictionary\">HDA<\/span> of any of its notes or <span class=\"dictionary\">bonds<\/span> with the <span class=\"dictionary\">intent<\/span> that such notes or <span class=\"dictionary\">bonds<\/span> remain outstanding, as evidenced by written notification from <span class=\"dictionary\">HDA<\/span> to the trustee under the resolution or trust indenture, shall not cause such notes or <span class=\"dictionary\">bonds<\/span> or the indebtedness evidenced thereby to be canceled or extinguished, subject to such terms and conditions as may be set forth in the written notification and except as may be otherwise provided in the resolution or trust indenture. <a id=\"paragraph-218233\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/36-55.40\/#J\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nNOTES AND BONDS (\u00a7 36-55.40)\n\nA. 1. HDA shall have power and is hereby authorized to issue from time to time\nits negotiable notes and bonds in conformity with applicable provisions of the\nUniform Commercial Code in such principal amount as HDA shall determine to be\nnecessary to provide sufficient funds for achieving any of its corporate\npurposes, including the payment of interest on notes and bonds of HDA,\nestablishment of reserves to secure such notes and bonds, and all other\nexpenditures of HDA incident to and necessary or convenient to carry out its\ncorporate purposes and powers. In accordance with \u00a7 2.2-5002, such power to\nissue notes and bonds shall not be restricted or limited solely because the\ninterest on the notes and bonds is subject, in whole or in part, directly or\nindirectly, to federal income taxes.\n\n   2. HDA shall have the power, from time to time, to issue (i) notes to renew\n   notes and (ii) bonds, to pay notes, including the interest thereon and,\n   whenever it deems refunding expedient, to refund any bonds by the issuance of\n   new bonds, whether the bonds to be refunded have or have not matured, and to\n   issue bonds partly to refund bonds then outstanding and partly for any of its\n   corporate purposes. The refunding bonds may be (i) exchanged for the bonds to\n   be refunded or (ii) sold and the proceeds applied to the purchase, redemption\n   or payment of such bonds.\n\n   3. Except as may otherwise be expressly provided by HDA, every issue of its\n   notes and bonds shall be general obligations of HDA payable out of any\n   revenues or moneys of HDA, subject only to any agreements with the holders of\n   particular notes or bonds pledging any particular revenues.\n\nB. The notes and bonds shall be authorized by resolution or resolutions of HDA,\nshall bear such date or dates and shall mature at such time or times as such\nresolution or resolutions may provide, except that no bond shall mature more\nthan fifty years from the date of its issue. The bonds may be issued as serial\nbonds payable in annual installments or as term bonds or as a combination\nthereof. The notes and bonds shall bear interest at such rate or rates, be in\nsuch denominations, be in such form, either coupon or registered, carry such\nregistration privileges, be executed in such manner, be payable in such medium\nof payment, at such place or places, and be subject to such terms of redemption\nas such resolution or resolutions may provide. The notes and bonds of HDA may be\nsold by HDA, at public or private sale, at such price or prices as HDA shall\ndetermine.\n\nC. Any resolution or resolutions authorizing any notes or bonds or any issue\nthereof may contain provisions, which shall be a part of the contract or\ncontracts with the holders thereof, as to:\n\n   1. Pledging all or any part of the revenues to secure the payment of the notes\n   or bonds or of any issue thereof, subject to such agreements with noteholders\n   or bondholders as may then exist;\n\n   2. Pledging all or any part of the assets of HDA, including mortgages and\n   obligations securing the same, to secure the payment of the notes or bonds or\n   of any issue of notes or bonds, subject to such agreements with noteholders or\n   bondholders as may then exist;\n\n   3. The use and disposition of the gross income from mortgages owned by HDA and\n   payment of principal of mortgages owned by HDA;\n\n   4. The setting aside of reserves or sinking funds and the regulation and\n   disposition thereof;\n\n   5. Limitations on the purpose to which the proceeds of sale of notes or bonds\n   may be applied and pledging such proceeds to secure the payment of the notes\n   or bonds or of any issue thereof;\n\n   6. Limitations on the issuance of additional notes or bonds; the terms upon\n   which additional notes or bonds may be issued and secured; and the refunding\n   of outstanding or other notes or bonds;\n\n   7. The procedure, if any, by which the terms of any contract with noteholders\n   or bondholders may be amended or abrogated, the amount of notes or bonds the\n   holders of which must consent thereto; and the manner in which such consent\n   may be given;\n\n   8. Limitations on the amount of moneys to be expended by HDA for operating\n   expenses of HDA;\n\n   9. Vesting in a trustee or trustees such property, rights, powers and duties\n   in trust as HDA may determine, which may include any or all of the rights,\n   powers and duties of the trustee appointed by the bondholders pursuant to this\n   chapter and limiting or abrogating the right of the bondholders to appoint a\n   trustee under this chapter or limiting the rights, powers and duties of such\n   trustee;\n\n   10. Defining the acts or omissions to act which shall constitute a default in\n   the obligations and duties of HDA to the holders of the notes or bonds and\n   providing for the rights and remedies of the holders of the notes or bonds in\n   the event of such default, including as a matter of right the appointment of a\n   receiver; provided, however, that such rights and remedies shall not be\n   inconsistent with the general laws of the Commonwealth and the other\n   provisions of this chapter;\n\n   11. Any other matters, of like or different character, which in any way affect\n   the security or protection of the holders of the notes or bonds.\n\nD. Any pledge made by HDA shall be valid and binding from the time when the\npledge is made; HDA&#8217;s interest, then existing or thereafter obtained, in\nthe revenues, moneys, mortgage loans, receivables, contract rights or other\nproperty or proceeds so pledged shall immediately be subject to the lien of such\npledge without any physical delivery or further act, and the lien of such pledge\nshall be valid and binding as against all parties having claims of any kind in\ntort, contract or otherwise against HDA, irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by which a\npledge is created need be recorded, nor shall any filing be required with\nrespect thereto.\n\nE. Neither the commissioners of HDA nor any other person executing such notes or\nbonds shall be subject to any personal liability or accountability by reason of\nthe issuance thereof.\n\nF. HDA, subject to such agreements with noteholders or bondholders as may then\nexist, shall have power out of any funds available therefor to purchase notes or\nbonds of HDA, which shall thereupon be cancelled unless HDA shall provide\nwritten notification to the trustee pursuant to subsection J, at a price not\nexceeding:\n\n   1. If the notes or bonds are then redeemable, the redemption price then\n   applicable plus accrued interest to the next interest payment thereon, or\n\n   2. If the notes or bonds are not then redeemable, the redemption price\n   applicable on the first date after such purchase upon which the notes or bonds\n   become subject to redemption plus accrued interest to such date.\n\nG. In the discretion of HDA, the bonds may be secured by a trust indenture by\nand between HDA and a corporate trustee, which may be any trust company or bank\nhaving the power of a trust company within or without the Commonwealth. Such\ntrust indenture may contain such provisions for protecting and enforcing the\nrights and remedies of the bondholders as may be reasonable and proper and not\nin violation of law, including covenants setting forth the duties of HDA in\nrelation to the exercise of its corporate powers and the custody, safeguarding\nand application of all moneys. HDA may provide by such trust indenture for the\npayment of the proceeds of the bonds and the revenues to the trustee under such\ntrust indenture or other depository, and for the method of disbursement thereof,\nwith such safeguards and restrictions as it may determine. All expenses incurred\nin carrying out such trust indenture may be treated as a part of the operating\nexpenses of HDA. If the bonds shall be secured by a trust indenture, the\nbondholders shall have no authority to appoint a separate trustee to represent\nthem.\n\nH. Whether or not the notes and bonds are of such form and character as to be\nnegotiable instruments under the terms of the Uniform Commercial Code, the notes\nand bonds are hereby made negotiable instruments within the meaning of and for\nall the purposes of the Uniform Commercial Code, subject only to the provisions\nof the notes and bonds for registration.\n\nI. In case any of the commissioners or officers of HDA whose signatures appear\non any notes or bonds or coupons shall cease to be such commissioners or\nofficers before the delivery of such notes or bonds, such signatures shall,\nnevertheless, be valid and sufficient for all purposes, the same as if such\ncommissioners or officers had remained in office until such delivery.\n\nJ. Notwithstanding any statute or case law to the contrary, the purchase or\nactual or constructive ownership by HDA of any of its notes or bonds with the\nintent that such notes or bonds remain outstanding, as evidenced by written\nnotification from HDA to the trustee under the resolution or trust indenture,\nshall not cause such notes or bonds or the indebtedness evidenced thereby to be\ncanceled or extinguished, subject to such terms and conditions as may be set\nforth in the written notification and except as may be otherwise provided in the\nresolution or trust indenture.\n\nHISTORY: 1972, c. 830; 1978, c. 189; 1996, c. 298; 1998, c. 442.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}