(c) The issuance of refunding bonds, the maturities and other details
thereof, the rights of the holders thereof and the rights, duties and
obligations of the Authority in respect of the same shall be governed by
the provisions of this Act, insofar as the same may be applicable, and may
in harmony therewith be adjusted and modified to conform to the facts and
circumstances prevailing in each instance of issuance of such refunding
bonds. The Authority need not comply with the requirements of any other
law applicable to the issuance of bonds other than as set forth in this Act.
(d) With reference to the investment of the proceeds of any such
refunding bonds, the Authority shall not authorize or anticipate investment
earnings exceeding such as are authorized or permitted under prevailing
federal laws, regulations and administrative rulings and interpretations
relating to arbitrage bonds.
(e) The proceeds of any such refunding bonds (together with any other
funds available for application to refunding purposes, if so provided or
permitted by resolution authorizing the issuance of such refunding bonds,
or in a trust indenture securing the same) may be placed in trust to be
applied to the purchase, retirement at maturity or redemption
of the bonds to be refunded on such dates as may be determined by the
Authority. Pending application thereof, the proceeds of such refunding
bonds and such other available funds, if any, may be invested in direct
obligations of, or obligations the principal of which and any interest on
which are unconditionally guaranteed by, the United States of America which
shall mature, or which shall be subject to redemption by the holder thereof
at its option, not later than the respective date or dates when such
proceeds and other available funds, if any, will be required for the
refunding purpose intended or authorized.
(f) Upon (1) the deposit of the proceeds of the refunding bonds (together
with any other funds available for application to refunding purposes, if so
provided or permitted by resolution authorizing the issuance of such
refunding bonds, or in a trust indenture securing the same) in an
irrevocable trust pursuant to a trust agreement with a trustee requiring
the trustee to satisfy the obligations of the Authority to timely
pay at maturity or upon prior redemption the outstanding bonds for which
the proceeds of the refunding bonds and other
funds, if any, are deposited, in an amount sufficient to satisfy the
obligations of the Authority to timely pay at maturity or upon prior redemption such
outstanding bonds, or (2) the deposit in such irrevocable trust of direct
obligations of, or obligations the principal and interest of which are
unconditionally guaranteed by, the United States of America in an amount
sufficient,
without regard to
investment earnings thereon, to satisfy the obligations of the Authority to
timely pay at maturity or upon prior redemption such outstanding bonds, or
(3) the deposit in such irrevocable trust of obligations referred to in (2)
above in an amount sufficient so that, taking into account investment
earnings, upon maturity (or
upon optional redemption by the trustee) of such obligations amounts will
be produced on a timely basis sufficient to satisfy the obligations of the
Authority to timely pay at maturity or upon prior redemption such
outstanding bonds, such outstanding bonds shall be deemed paid and no
longer be deemed to be outstanding for purposes of such resolution or trust
indenture and all rights and obligations under any such prior resolution or
trust indenture shall be deemed discharged notwithstanding any provision of
any such outstanding bonds or any resolution or trust indenture authorizing
the issuance of such outstanding bonds;
provided, however, that the holders of such outstanding bonds
shall have an irrevocable and unconditional right to payment in full of all
principal of and premium, if any, and interest on such outstanding bonds,
at maturity or upon prior redemption,
from the amounts on deposit in such trust. The trustee shall be
any trust company or bank in the State of Illinois having the power of a
trust company possessing capital and surplus of not less than $100,000,000.
(g) It is hereby found and determined that the contractual rights of
the bondholders under any such prior resolution or trust indenture will not
be impaired by a refunding pursuant to the provisions of this Section 20.1
in that, the payment of such outstanding bonds having been provided for as
set forth herein, the bondholders' rights and security as to payment of the
principal of, premium, if any, and interest on such outstanding bonds will
have been enhanced, and the bondholders shall suffer no financial loss. It
is hereby further found and determined that a refunding of any outstanding
bonds of the Authority pursuant to this Section 20.1 shall further the
purposes set forth in Section 1.
(Source: P.A. 92-16, eff. 6-28-01.)
|