New Hampshire Revised Statutes 162-G:9 – Obligations of the Governmental Unit
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Terms Used In New Hampshire Revised Statutes 162-G:9
- Bond: shall mean an evidence of indebtedness issued by the governmental unit or a business and industrial development authority under this chapter to finance a project in whole or in part or to refund indebtedness incurred for that purpose and which, in the case of business and industrial development authority bonds, is payable solely from revenues, other than taxes or payments in lieu thereof, derived from such project or facility. See New Hampshire Revised Statutes 162-G:3
- Business and industrial facility: shall mean any land, any building or other improvement, and all real and personal properties, including but not limited to, machinery and equipment deemed necessary in connection therewith, whether or not now in existence, which shall be suitable for use for commercial, business service, mixed-use development, manufacturing, warehousing, processing wastes, renewable energy, or other business and industrial purposes, but shall not include raw materials, work in process or stock in trade. See New Hampshire Revised Statutes 162-G:3
- Governmental unit: shall mean a city or a town. See New Hampshire Revised Statutes 162-G:3
- Lease: means :
(a) In the case where the authority is the lessor, "lease" shall mean a written instrument to which the authority and a tenant are parties and which provides for the use and occupancy of a business and industrial facility and the payment of rent to the authority. See New Hampshire Revised Statutes 162-G:3 - Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Trust indenture: shall mean a written instrument between the governmental unit and any national bank or trust company doing business in the state of New Hampshire or in the Commonwealth of Massachusetts as trustee, which secures one or more series of bonds. See New Hampshire Revised Statutes 162-G:3
No lease, trust indenture, bond, or other instrument shall in any way obligate the governmental unit to raise any money by taxation or use other public funds for any purpose in relation to a business and industrial facility, except to the extent permitted by this chapter. The governmental unit shall not pay or promise to pay any debt or meet any financial obligation to any person at any time in relation to a business and industrial facility financed in whole or in part by the issue of bonds, except from moneys received or to be received under the provisions of a lease or trust indenture entered into under this chapter or derived from the exercise of the governmental unit’s rights under such instruments. Notwithstanding the foregoing provisions of this section, the governmental unit may accept and expend with respect to an industrial facility any gifts or grants received from any source in accordance with the terms of such gifts or grants. The governmental unit may borrow money under N.H. Rev. Stat. Chapter 33 for purposes of engaging in industrial projects; provided that obligations of the governmental unit incurred under this chapter shall be deemed to be outside its debt limitation. The total amount of obligations incurred by a governmental unit under this chapter outstanding at any time shall not exceed 8 percent of the most recent assessed valuation of the governmental unit; provided that the amount of such outstanding obligations shall be reduced by an amount equal to the total amount of moneys on deposit in a reserve account in the name of the governmental unit which are expressly allocated to be used to retire outstanding obligations of the governmental unit incurred under this chapter.