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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73553</law_id><section_number>33.2-1717</section_number><catch_line>Trust indenture</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>33.2-1714</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="33.2">Highways and Other Surface Transportation Systems</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Transportation Funding and Development</unit><unit label="chapter" level="3" order_by="1" identifier="17">Transportation Development and Revenue Bond Act</unit></structure><text>
						<section><p>In the discretion of the <span class="dictionary">Board</span>, each or any <span class="dictionary">issue</span> of revenue <span class="dictionary">bonds</span> may be secured by a trust indenture by and between the <span class="dictionary">Board</span> and a corporate trustee, which may be any trust company or bank having trust powers within or outside of the Commonwealth. Such trust indenture may pledge tolls and <span class="dictionary">revenues</span> to be received, but no such trust indenture shall convey or mortgage any <span class="dictionary">project</span> or any part thereof. Either the resolution providing for the issuance of revenue <span class="dictionary">bonds</span> or 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 the <span class="dictionary">Board</span> in relation to the acquisition, construction, improvement, <span class="dictionary">maintenance</span>, operation, repair, and insurance of the <span class="dictionary">projects</span> and the <span class="dictionary">custody</span>, safeguarding, and application of all moneys. Such resolution or trust indenture may also provide that the <span class="dictionary">project</span> shall be acquired, or acquired and improved, or constructed, and paid for under the supervision and approval of consulting engineers employed or designated by the <span class="dictionary">Board</span> and satisfactory to the original purchasers of the <span class="dictionary">bonds</span> issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the <span class="dictionary">bonds</span> or <span class="dictionary">revenues</span> of the <span class="dictionary">project</span> or other moneys pertaining thereto be satisfactory to such purchasers. Any bank or trust company within or without the Commonwealth may act as such depository and furnish such indemnifying <span class="dictionary">bonds</span> or pledge such securities as may be required by the <span class="dictionary">Board</span>. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing <span class="dictionary">bonds</span> and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the <span class="dictionary">Board</span> may deem reasonable and proper for the security of the bondholders. Except as otherwise provided in this chapter, the <span class="dictionary">Board</span> may provide, by resolution or by such trust indenture, that after the payment of the proceeds of the sale of the <span class="dictionary">bonds</span> and the <span class="dictionary">revenues</span> of the <span class="dictionary">project</span> into the state treasury the <span class="dictionary">Board</span> will immediately transfer or pay same over to such officer, <span class="dictionary">board</span>, or depository as it may determine for the <span class="dictionary">custody</span> thereof 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 cost of <span class="dictionary">maintenance</span>, operation, and repairs of the <span class="dictionary">project</span> affected by such indenture.</p></section></text><history>Code 1950, &#xA7; 33-244; 1970, c. 322, &#xA7; 33.1-284; 2000, cc. 1019, 1044; 2014, c. 805.</history><metadata></metadata></law>
