(a)  The principal of and interest on any bonds or notes issued by the corporation may be secured by a pledge of any revenues and receipts of the corporation and may be secured by a mortgage or deed of trust or trust indenture covering all or any part of a project, including any additions, improvements, extensions to or enlargements of any projects thereafter made. The bonds or notes may also be secured by an assignment of the lease or other financing agreement, with respect to any project for the construction and acquisition of which the bonds or notes are issued, and by an assignment of the revenues and receipts derived by the corporation from the lease or other financing agreement. The resolution under which the bonds or notes are authorized to be issued and the mortgage, deed of trust, trust indenture, lease, or other financing agreement may contain agreements and provisions respecting the maintenance of the projects covered by them, the fixing and collection of rents or other revenues for any portions of them leased or sold by the corporation to others, the creation and maintenance of special funds from those revenues, and the rights and remedies available in the event of default, all as the corporation deems advisable and not in conflict with the provisions hereof. Each pledge, agreement, mortgage, deed of trust, and trust indenture made for the benefit or security of any of the bonds or notes of the corporation are valid and binding from the time the pledge is made, and shall continue to be in effect until the principal of and interest on the bonds or notes for the benefit of which the bonds or notes were made have been fully paid, or until provision has been made for payment in the manner provided in the resolution or resolutions under which the bonds or notes may be authorized. The revenues, moneys, or property pledged by the corporation are immediately subject to the lien of a pledge without any physical delivery or further act, and the lien of the pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the corporation, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. In the event of a default in the payment of the principal of and interest on any bonds or notes or in any agreements of the corporation made as a part of the contract under which the bonds or notes are issued, whether contained in the proceedings authorizing the bonds or notes or in any instrument executed as security for them, the rights of affected bondholders or noteholders may be enforced by mandamus, the appointment of a receiver in equity, or by foreclosure of the mortgage, deed of trust, or other instrument, or any one or more of those remedies or any other remedy provided in the proceedings.

Terms Used In Rhode Island General Laws 45-37.1-7

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means the Rhode Island industrial facilities corporation, created and established as a nonbusiness corporation under and pursuant to chapter 6 of Title 7, as amended, and constituted and established as a public body corporate and agency of the state by § 45-37. See Rhode Island General Laws 45-37.1-3
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Project: means any land and any building or other improvement, and all real and personal properties, including, but not limited to, machinery and equipment, or any interest in them, whether or not now in existence or under construction, which are suitable for use for manufacturing, warehousing, or other industrial or commercial purposes, or suitable for pollution abatement or control, for the reconstruction, modernization, or modification of existing industrial plants for the abatement or control of industrial pollution or suitable for solid waste disposal, or for any combination of these purposes, including working capital, but does not include raw materials, work in process, or stock in trade. See Rhode Island General Laws 45-37.1-3
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

(b)  The corporation may provide, in any proceedings under which bonds or notes may be authorized, that any project, or part thereof, or any addition, improvement, extension, or enlargement, may be constructed by the corporation or the lessee or other occupant of the project or any designee of the corporation, the lessee, or other occupant of the project, or of any of them, and may also provide in the proceedings for the time and manner of and requisites for disbursements to be made for the cost of the construction and acquisition, and for all the certificates and approvals of construction and disbursements as the corporation deems necessary and provides for in the proceedings.

History of Section.
P.L. 1967, ch. 11, § 1; P.L. 1980, ch. 229, § 4; P.L. 1982, ch. 316, § 1.