2437-A - Tax lien collateralized securities.

§  2437-a.  Tax  lien collateralized securities. (1) The agency or its  tax lien entity shall have the power and is hereby authorized from  time  to  time  to  issue  its  tax  lien  collateralized  securities  in such  principal amounts as, in the opinion of the agency, shall  be  necessary  to  provide  sufficient  funds  for  the  purchase  of tax liens, or the  refunding of outstanding securities  of  the  agency  or  its  tax  lien  entity, establishment of reserves to secure such tax lien collateralized  securities, payment of letter of credit, bond insurance and other credit  and  liquidity  support  facility  fees,  premiums,  reimbursements  and  expenses, fees and expenses of trustees  and  paying  agents  and  other  financing  costs  including  any  accrued  costs payable to the New York  state housing finance agency pursuant to any contract entered into under  subdivision twelve of section twenty-four hundred  thirty-four  of  this  title  and  all  other expenditures of the agency or its tax lien entity  incident to and necessary or convenient to the purchase of municipal tax  liens.    (2) Except as may otherwise be expressly provided by the  agency,  all  tax  lien collateralized securities issued by the agency or its tax lien  entity shall be special limited obligations of the  agency  or  its  tax  lien  entity payable only upon the redemption of the tax liens purchased  or the  liquidation  of  the  related  real  estate  parcels  and  other  collateral  or  credit  enhancement  agreements  pledged  to secure such  obligations, subject to any agreements pledging any  particular  moneys,  assets  or  revenues, all as may be designated in the proceedings of the  agency under which said tax  lien  collateralized  securities  shall  be  authorized to be issued.    (3)  Tax  lien  collateralized  securities  shall  be  authorized by a  resolution or resolutions of the agency  adopted  as  provided  by  this  title;  provided,  however,  that  any  such  resolution authorizing the  issuance of such securities may delegate to an officer of the agency the  power to issue such securities from time to time and to fix the  details  of  any  such  issues  of  tax  lien  collateralized  securities  by  an  appropriate certificate of such authorized officer.    (4) Tax lien collateralized securities shall bear such date or  dates,  shall  mature at such time or times, shall bear interest at such rate or  rates, shall be of such denominations, shall be in such form, carry such  registration privileges, be executed  in  such  manner,  be  payable  in  lawful  money  of  the  United States of America at such place or places  within or without the state, be subject  to  such  terms  of  redemption  prior  to  maturity and have such other terms as may be provided by such  resolution or resolutions or  such  certificate  with  respect  to  such  securities, as the case may be.    (5) Any tax lien collateralized security of the agency or its tax lien  entity  may be sold at public or private sale and from time to time upon  such terms and at such prices as may be determined by  the  agency,  and  the  agency  may pay all expenses, premiums and commissions which it may  deem necessary or advantageous in connection with the issuance and  sale  thereof.    (6) Whether or not tax lien collateralized securities are of such form  and  character  as  to  be negotiable instruments under the terms of the  uniform commercial code, tax lien collateralized securities  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 tax lien collateralized securities for registration.    (7)   Any   resolution   or   resolutions  authorizing  any  tax  lien  collateralized securities of the agency or of its tax  lien  entity  may  contain  provisions which may be a part of the contract with the holders  of securities, as to: (i) pledging or creating a  lien,  to  the  extentprovided  by  such  resolution or resolutions, on all or any part of any  moneys or assets of the agency and its tax lien entity or of any  moneys  held in trust or otherwise by others for the payment of such securities;  (ii)   otherwise   providing  for  the  custody,  collection,  securing,  investment and payment of any moneys of the agency;  (iii)  the  setting  aside  of  reserves  or  sinking funds and the regulation or disposition  thereof; (iv) limitations on the purpose to which the proceeds  of  sale  of  any  issue  of  securities  then  or  thereafter to be issued may be  applied; (v) limitations on the issuance of additional  securities,  the  terms  upon  which  additional securities may be issued and secured, and  upon  the  refunding  of  outstanding  or  other  securities;  (vi)  the  procedure,  if  any, by which the terms of any contract with the holders  of such securities may be amended  or  abrogated,  the  amount  of  such  securities  the  holders of which must consent thereto and the manner in  which such consent may be given; (vii) the  creation  of  special  funds  into  which any moneys of the agency may be deposited; (viii) vesting in  a trustee or trustees such properties,  rights,  powers  and  duties  in  trust  as  the agency may determine; (ix) defining the acts or omissions  to act which shall constitute a default in the obligations and duties of  the agency and providing for the rights and remedies of the  holders  of  such  securities  in the event of such default, providing, however, that  such rights and remedies shall not be inconsistent with the general laws  of this state and other provisions of this  title;  and  (x)  any  other  matters  of  like  or  different  character, which in any way affect the  security and protection of the tax lien  collateralized  securities  and  the rights of the holders thereof.    (8)  Any  resolution  or  resolutions or trust indenture or indentures  under which tax lien collateralized securities of the agency or its  tax  lien  entity  are  authorized  to  be  issued may contain provisions for  vesting in a trustee or trustees such  properties,  rights,  powers  and  duties in trust as the agency may determine.    (9)  It  is  the  intention  of the legislature that any pledge of tax  liens, earnings, revenues, other moneys or assets made by the agency  or  its  tax  lien  entity shall be valid and binding from the time when the  pledge is made; that the tax liens, earnings, revenues, other moneys  or  assets  so pledged and thereafter received by the agency or its tax lien  entity shall immediately be subject to the lien of such  pledge  without  any  physical  delivery thereof or further act, and that the lien of any  such pledge shall be valid and binding as  against  all  parties  having  claims  of any kind in tort, contract or otherwise against the agency or  its tax lien entity irrespective of whether  such  parties  have  notice  thereof.    Neither  the  resolution nor any other instrument by which a  pledge is created need be recorded.    (10) Neither the members of the agency nor any  person  executing  the  tax lien collateralized securities shall be liable personally on the tax  lien  collateralized  securities or be subject to any personal liability  or accountability by reason of the issuance thereof.