(110 ILCS 945/10) (from Ch. 144, par. 1610)
Sec. 10.
Bonds.
(a) The Authority may from time to time issue Bonds
for any corporate purpose and all such Bonds or other obligations of the
Authority issued pursuant to this Act shall be and are hereby declared to
be negotiable for all purposes notwithstanding their payment from limited
source and without regard to any other law or laws.
(b) The Authority shall not have outstanding at any one time Bonds
issued pursuant to this Act in
an aggregate principal amount exceeding $200,000,000, excluding Bonds issued
to refund the Bonds of the Authority issued pursuant to this Act.
(c) The Bonds of each issue shall be payable solely out of revenues of
the Authority pertaining to the program relating to such Bond issue, including
principal and interest on Authority Loans and Education Loans, payments
by institutions of higher education, education loan corporations,
banks, insurance companies or others
pursuant to letters of credit or purchase agreements, investment earnings
from funds or accounts maintained pursuant to the Bond resolution, insurance
proceeds, loan funding deposits, proceeds of sales of Education Loans, proceeds
of refunding Bonds and fees, charges and other revenues of the Authority
from such program.
(d) The Bonds may be issued as serial Bonds or as term Bonds, or
both. The Bonds shall be authorized by a Bond resolution of the Authority
and shall bear such date or dates, mature at such time or times not exceeding
the year following the last year in which the final payments in an Education
loan series portfolio are due, or 30 years, whichever is sooner, from their
respective dates of issue, bear interest at such rate or rates,
be payable at such time or times, be in such denominations, be in such form,
either coupon or fully registered, carry such registration and conversion
privileges, be payable in lawful money of the United
States of America at such places, and be subject to such terms of redemption
as such Bond resolution may provide. The Bonds shall be executed by the
manual or facsimile signatures of such officers of the Authority as shall
be designated by the Authority. The Bonds shall be sold in such manner
and at such prices
as the Authority shall determine. Pending preparation of the definitive
Bonds, the Authority may issue interim receipts or certificates which shall
be exchanged for such definitive Bonds.
(e) Any Bond resolution may contain provisions, which shall be a part
of the contract with the holders of the Bonds to be authorized, as to:
(i) pledging or assigning the revenues derived from the Authority Loans
and Education Loans with respect to which such Bonds are to be issued; (ii)
the fees and other amounts to be charged, and the sums to be raised in each
year thereby, and the use, investment and disposition of such sums; (iii)
the setting aside of loan funding deposits, debt service reserves, capitalized
interest accounts, cost of issuance accounts and sinking funds, and the
regulation, investment and disposition thereof; (iv) limitations on the
use of the Education Loans; (v) limitations on the purpose to which or the
investments in which the proceeds of sale of any issue of Bonds then or
thereafter to be issued may be applied; (vi) limitations on the issuance
of additional Bonds,
the terms upon which additional Bonds may be issued and secured, the terms
upon which additional Bonds may rank on a parity with, or be subordinate
or superior to, other Bonds; (vii) the refunding of outstanding Bonds; (viii)
the procedure, if any, by which the terms of any contract with Bondholders
may be amended, or abrogated, the amount of Bonds the holders of which must
consent thereto, and the manner in which such consent may be given; (ix)
defining the acts or omissions to act which shall constitute a default in
the duties of the Authority to holders of its obligations and providing the
rights or remedies of such holders in the event of a default; (x) providing
for guarantees, pledges of endowments, letters of credit, property or other security
for the benefit of the holders of such Bonds; and (xi) any other matters
relating to the Bonds which the Authority deems desirable.
(f) Neither the members of the Authority nor any person executing the
Bonds shall be liable personally on the Bonds or be subject to any personal
liability or accountability by reason of the issuance thereof.
(g) The Authority shall have power to purchase its Bonds out of any funds
available therefor.
The Authority may hold, pledge, cancel or resell
such Bonds subject to and in accordance with agreements with Bondholders.
(h) The Authority shall have the power to refund any of its Bonds. Such
refunding Bonds shall be issued in the same manner as other Bonds of the Authority.
(Source: P.A. 85-1326.)
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