New Jersey § 52:27h-41
Full text of New Jersey New Jersey Statutes § 52:27h-41, with citation guidance and answers to common questions.
§ 52:27h-41.
In any resolution of the authority authorizing or relating to the issuance of any
bonds or notes, the authority, in order to secure the payment of such bonds or notes
and in addition to its other powers, shall have power by provisions therein which
shall constitute covenants by the authority and contracts with the holders of such
bonds or notes to: a. Secure the bonds or notes as provided in section 24 of P.L.2008, c. 47 ( C.52:27H-41.12 ); b. Covenant against pledging all or any part of its revenues or receipts or its leases,
sales agreements, service contracts or other security instruments, or its mortgages
or other agreements, or the revenues or receipts under any of the foregoing or the
proceeds thereof, or against mortgaging or leasing all or any part of its real or
personal property then owned or thereafter acquired, or against permitting or suffering
any lien on any of the foregoing; c. Covenant with respect to limitations on any right to sell, mortgage, lease or otherwise
dispose of any project or any part thereof or any property of any kind; d. Covenant as to any bonds and notes to be issued and the limitations thereon and
the terms and conditions thereof and as to the custody, application, investment, and
disposition of the proceeds thereof; e. Covenant as to the issuance of additional bonds or notes or as to limitations on
the issuance of additional bonds or notes and on the incurring of other debts by it; f. Covenant as to the payment of the principal of or interest on the bonds or notes,
or any other obligations, as to the sources and methods of such payment, as to the
rank or priority of any such bonds, notes or obligations with respect to any lien
or security or as to the acceleration of the maturity of any such bonds, notes or
obligations; g. Provide for the replacement of lost, stolen, destroyed or mutilated bonds or notes; h. Covenant against extending the time for the payment of bonds or notes or interest
thereon; i. Covenant as to the redemption of bonds or notes and privileges of exchange thereof
for other bonds or notes of the authority; j. Covenant as to the fixing and collection of rents, fees, rates and other charges,
the amount to be raised each year or other period of time by rents, fees, rates and
other charges, and as to the use and disposition to be made thereof; k. Covenant to create or authorize the creation of special funds or monies to be held
in pledge or otherwise for construction, operating expenses, payment or redemption
of bonds or notes, reserves or other purposes and as to the use, investment, and disposition
of the monies held in such funds; l . Establish the procedure, if any, by which the terms of any contract or covenant
with or for the benefit of the holders of bonds or notes may be amended or abrogated,
the amount of bonds or notes the holders of which must consent thereto, and the manner
in which such consent may be given; m. Covenant as to the construction, improvement, operation or maintenance of any project
and its other real and personal property, the replacement thereof, the insurance to
be carried thereon, and the use and disposition of insurance monies; n. Provide for the release of property, leases or other agreements, or revenues and
receipts from any pledge or mortgage and to reserve rights and powers in, or the right
to dispose of, property which is subject to a pledge or mortgage; o . Provide for the rights and liabilities, powers and duties arising upon the breach
of any covenant, condition or obligation and to prescribe the events of default and
the terms and conditions upon which any or all of the bonds, notes or other obligations
of the authority shall become or may be declared due and payable before maturity and
the terms and conditions upon which any such declaration and its consequences may
be waived; p. Vest in a trustee or trustees within or without the State such property, rights,
powers and duties in trust as the authority may determine, including the right to
foreclose any mortgage, which may include any or all of the rights, powers and duties
of any trustee appointed by the holders of any bonds or notes pursuant to P.L.2008, c. 47 ( C.52:27H-31.1 et al.) and to limit or abrogate the right of the holders of any bonds or notes of
the authority to appoint a trustee under P.L.2008, c. 47 ( C.52:27H-31.1 et al.) and to limit the rights, duties and powers of such trustee; q. Execute all mortgages, leases, sales agreements, service contracts, bills of sale,
conveyances, deeds of trust and other instruments necessary or convenient in the exercise
of its powers or in the performance of its covenants or duties; r. Pay the costs or expenses incident to the enforcement of such bonds or notes or
of the provisions of such resolution or of any covenant or agreement of the authority
with the holders of its bonds or notes; s. Limit the rights of the holders of any bonds or notes to enforce any pledge or
covenant securing bonds or notes; and t. Make covenants other than, or in addition to, the covenants herein expressly authorized
by P.L.2008, c. 47 ( C.52:27H-31.1 et al.), of like or different character, and to make such covenants to do or refrain
from doing such acts and things as may be necessary, or convenient and desirable,
in order to better secure bonds or notes or which, in the absolute discretion of the
authority, will tend to make bonds or notes more marketable, notwithstanding that
such covenants, acts or things may not be enumerated herein.
Frequently Asked Questions About New Jersey § 52:27h-41
What does New Jersey Statutes § 52:27h-41 cover?
Section 52:27h-41 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 52:27h-41?
A common citation format is "New Jersey Statutes § 52:27h-41" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 52:27h-41 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.