New Jersey § 52:27bbb-69

§ 52:27bbb-69.

As used in this act, unless the context clearly requires a different meaning: “ Ancillary facility ” means any revolving credit agreement, agreement establishing a line of credit or

letter of credit, reimbursement agreement, interest rate exchange or similar agreement,

currency exchange agreement, interest rate floor or cap options, puts or calls to

hedge payment, currency, rate, spread or similar exposure or similar agreements, float

agreements, forward agreements, insurance contract, surety bond, commitment to purchase

or sell securities, purchase or sale agreement, or commitments or other contracts

or agreements and other security agreements approved by the corporation, including

without limitation any arrangement referred to in section 6 of this act. 1 “ Benefitted parties ” means persons, firms, corporations or organizations that enter into ancillary facilities

with the corporation according to the provisions of this act. “ Code ” means the United States Internal Revenue Code of 1986, as amended, and any successor

provision of law. “ Costs of issuance ” means any item of expense directly or indirectly payable or reimbursable by the

corporation and related to the authorization, sale or issuance of securities, including

without limitation underwriting fees, and fees and expenses of servicers, auditors,

consultants and fiduciaries. “ Corporation ” means the Tax Lien Financing Corporation established by section 3 of this act. 2 “ Encumbered tax lien ” means those tax liens that are pledged by the corporation for the repayment of any

securities pursuant to the terms of the applicable corporation resolution, trust agreement

or indenture. “ Financing costs ” means all capitalized interest, operating and debt service reserves, costs of issuance,

fees for credit and liquidity enhancements, and other costs as the corporation determines

to be desirable in issuing, securing and marketing the securities. “ Net proceeds ” means the amount of proceeds remaining following each sale of securities which are

not required by the corporation to establish and fund reserve or escrow funds, or

termination or settlement payments under ancillary facilities or to provide the financing

costs and other expenses and fees directly related to the authorization and issuance

of securities. “ Operating expenses ” means the reasonable operating expenses of the corporation, including but not limited

to the fees and expenses (including legal fees and expenses) incurred in the pursuit

of any collections or the foreclosure of, or other realization upon, the tax liens,

the fees and costs related to the foreclosure process, the expenses relating to appraisals

and property inspections and valuations, the expenses relating to property operation,

maintenance, improvement and sale, the fees and disbursements incurred in connection

with landlord-tenant proceedings, the expenses related to the sale of properties acquired

through foreclosure or other liquidation of tax liens such as advertising, brokerage

fees, transfer taxes, legal fees and the cost of setting up reserves for tenant security,

the cost of preparation of accounting and other reports, costs of maintenance of the

ratings on any securities, insurance premiums and costs of annual meetings or other

required activities of the corporation, and fees and expenses incurred for servicers,

auditors, consultants and fiduciaries. “ Outstanding ” means, when used with respect to securities, all securities other than securities

that shall have been paid in full at maturity or that may be deemed not outstanding

pursuant to the applicable corporation resolution, indenture or trust agreement authorizing

the issuance of the securities and when used with respect to ancillary facilities,

all ancillary facilities other than ancillary facilities that have been paid in full

or that may be deemed not outstanding under the ancillary facilities. “ Qualified municipality ” means a municipality: (1) that has been subject to the supervision of a financial

review board pursuant to the “Special Municipal Aid Act,” P.L.1987, c. 75 ( C.52:27D-118.24 et seq. ) for at least one year; (2) that has been subject to the supervision of the Local

Finance Board pursuant to the “Local Government Supervision Act (1947),” P.L.1947,

c. 151 ( C.52:27BB-1 et seq. ) for at least one year; and (3) which, according to its most recently adopted municipal

budget, is dependent upon State aid and other State revenues for not less than 55

percent of its total budget. “ Residual interests ” means the interests consisting of the right to receive remaining undistributed assets

of the corporation after provision has been made for the payment of its operating

expenses, debt service, sinking fund requirements, reserve fund or escrow fund requirements

and any other contractual obligations to the owners of the securities or benefitted

parties, or that may be incurred in connection with the issuance of the securities

or the execution of ancillary facilities; and such contractual rights, if any, as

shall be provided to the corporation in accordance with the terms of any sale agreements. “ Sale agreement ” means any agreement authorized pursuant to section 5 of this act 3 in which a qualified municipality provides for the sale of tax liens to the corporation. “ Securities ” means any securities, including without limitation any bonds, notes and other evidence

of indebtedness, issued by the corporation pursuant to section 7 of this act. 4 “ Tax liens ” means those tax liens which are held by a qualified municipality securing delinquent

real property taxes, assessments, water, sewer, utilities or other municipal charges

by a qualified municipality or certified to a qualified municipality that become a

lien on real property and are held by a qualified municipality pursuant to R.S.54:5-34 . “ Unencumbered tax liens ” means that portion of the tax liens that are not subject to the pledge of the applicable

corporation resolution, trust agreement or indenture by the corporation to the repayment

of any securities issued pursuant to the terms of such applicable corporation resolution,

trust agreement or indenture. 1

N.J.S.A. § 52:27BBB-71. 2

N.J.S.A. § 52:27BBB-68. 3

N.J.S.A. § 52:27BBB-70. 4

N.J.S.A. § 52:27BBB-72.