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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73276</law_id><section_number>22.1-168</section_number><catch_line>Security for payment and bonds; provisions of trust indenture or resolution of Board</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>22.1-167.3</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="22.1">Education</unit><unit label="chapter" level="2" order_by="1" identifier="11">Virginia Public School Authority</unit></structure><text>
						<section><p>In the discretion of the <span class="dictionary">Board of Commissioners</span> any bonds issued under the provisions of this chapter may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the Commonwealth. Such trust indenture or the resolution providing for the issuance of such bonds may pledge or assign all or any part of the funds of the Authority available for such purpose including, but without limitation, all or any combination of the following sources: (i) payments of principal of and interest on <span class="dictionary">local school bonds</span> purchased by the Authority, (ii) the proceeds of the sale of any such <span class="dictionary">local school bonds</span>, (iii) payments of principal of and interest on obligations transferred to the Authority from the Literary Fund, (iv) the proceeds of the sale of any such obligations, (v) any moneys transferred to the Authority from the Literary Fund, (vi) payments of principal of and interest on loans made to local <span class="dictionary">school boards</span>, and (vii) any funds authorized by the General Assembly for such purpose from the Literary Fund or otherwise appropriated by the General Assembly. Such trust indenture or resolution providing for the issuance of such bonds may provide for the creation and maintenance of such reserves as the <span class="dictionary">Board of Commissioners</span> shall determine to be proper and may include covenants setting forth the duties of the <span class="dictionary">Board of Commissioners</span> in relation to the acquisition of any <span class="dictionary">local school bonds</span>, the substitution of any <span class="dictionary">local school bonds</span> as security for payment of the <span class="dictionary">bonds of the Authority</span>, the collection of payments of principal and interest on (i) any <span class="dictionary">local school bonds</span>, (ii) on any obligations transferred to the Authority from the Literary Fund, and (iii) on any loans made to local <span class="dictionary">school boards</span>. Such trust indenture or resolution may include provisions requiring the Authority or the trustee under such trust indenture or any depository to file a <span class="dictionary">petition</span> with the Governor and to take any and all other action required under &#xA7;&#xA0;<a class="law" title="Investigation by Governor of alleged defaults; withholding state funds from defaulting locality; payment of funds withheld; receipts, reports, etc.; magisterial and school district defaults included" href="/15.2-2659/">15.2-2659</a> to secure payment of all sums necessary to cover any <span class="dictionary">default</span> as to any bonds or the interest thereon held by the Authority or by such trustee or depository to which &#xA7;&#xA0;<a class="law" title="Investigation by Governor of alleged defaults; withholding state funds from defaulting locality; payment of funds withheld; receipts, reports, etc.; magisterial and school district defaults included" href="/15.2-2659/">15.2-2659</a> shall be applicable. Such trust indenture or resolution may contain provisions respecting the <span class="dictionary">custody</span>, safeguarding and application of all moneys and securities including <span class="dictionary">local school bonds</span> purchased by the Authority and obligations transferred to the Authority from the Literary Fund and 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>. It shall be lawful for any bank or trust company incorporated under the <span class="dictionary">laws</span> of the Commonwealth which may act as depository of the proceeds of bonds or of any other funds or obligations received on behalf of the Authority to furnish such indemnifying bonds or to pledge such securities as may be required by the <span class="dictionary">Board of Commissioners</span>. Any such trust indenture or resolution may contain such other provisions as the Board may deem reasonable and proper for the security of the bondholders. Any reference in this chapter to a resolution of the <span class="dictionary">Board of Commissioners</span> shall include any trust indenture authorized thereby.</p></section></text><history>Code 1950, &#xA7; 22-29.8; 1962, c. 194; 1972, c. 745; 1980, c. 559; 1990, c. 909.</history><metadata></metadata></law>
