§ 15-5-412 - Guaranty agreement provision.
               	 		
15-5-412.    Guaranty agreement provision.
    Guaranty  agreements entered into by the Arkansas Development Finance Authority  under the provisions of this subchapter with respect to qualified bonds  issued on behalf of any borrower shall provide, among other things:
      (1)    (A)  That  the authority guarantees and the authority is required to use the funds  on deposit in the Bond Guaranty Reserve Account to meet amortization  payments as guaranteed under this subchapter as the same become due, in  the event and to the extent the borrower is unable to meet such payments  in accordance with the terms of the bond indenture when called on to do  so by the trustee of the bondholders.
            (B)  Whenever  the authority, acting under the terms of the guaranty agreement, deems  it necessary to assume the obligation of maintenance of any project, the  amortization payments of which the authority has guaranteed under the  provisions of this subchapter, the authority may use funds on deposit in  the account to pay insurance and maintenance costs required for the  preparation of the same and to protect the account from loss or to  minimize losses in such manner as deemed necessary and advisable by the  authority; and
      (2)    (A)  That  the guaranty shall not be a general obligation of the authority or of  the State of Arkansas, but shall be a special obligation, and in no  event shall the guaranty constitute an indebtedness of the authority or  of the State of Arkansas within the meaning of any constitutional or  statutory limitation.
            (B)  Each  guaranty agreement shall have plainly stated on the face of the  agreement that the same has been entered into under the provisions of  this subchapter, and that it does not constitute an indebtedness of the  authority or of the State of Arkansas within any constitutional or  statutory limitation, and that the full faith and credit of the State of  Arkansas or any of its revenues are not pledged to meet any of the  obligations of the authority under the guaranty agreement.
            (C)  Each  agreement shall state that the obligation of the authority under the  guaranty shall be limited to the funds available in the account as  authorized in this subchapter.