§ 35-1003 – Enforceability
35-1003. Enforceability Absent bad faith or actual knowledge to the contrary, a counterparty that enters into a swap agreement with a governmental entity may rely on a representation by that governmental entity that it is authorized or empowered to enter into the swap agreement. Notwithstanding the failure by that governmental entity to comply with the […]
§ 35-901 – Definitions
35-901. Definitions In this chapter, unless the context otherwise requires: 1. " Authority" means the Arizona finance authority established by title 41, chapter 53, article 2. 2. " Board" means the board of directors of the authority. 3. " Bond" means any obligation that is subject to the provisions of section 146 of the code, […]
§ 35-1004 – Treatment, calculation and payment of amounts due under swap agreements; exemptions from budget
35-1004. Treatment, calculation and payment of amounts due under swap agreements; exemptions from budget A. A governmental entity may deduct amounts which the governmental entity is to receive pursuant to swap agreements from the amounts due on its bonds or other long-term obligations for the purposes of determining: 1. Whether a governmental entity has satisfied […]
§ 35-902 – Allocation
35-902. Allocation A. Subject to this chapter, the total amount of the state ceiling is allocated among projects pursuant to this section. The director shall issue confirmations on a first come, first served basis, within any particular category of projects as described in subsection C, D, E, F or G of this section. B. Thirty […]
§ 35-1005 – Limitation on effect of chapter
35-1005. Limitation on effect of chapter For purposes of this chapter, " governmental entity" does not include any agricultural improvement district formed or operating under title 48, chapter 17, and this chapter shall not restrict or modify the powers of an agricultural improvement district to enter into swap agreements and otherwise engage in transactions pertaining […]
§ 35-903 – Arizona finance authority designated as state registry; fee
35-903. Arizona finance authority designated as state registry; fee A. The Arizona finance authority is designated as the exclusive state registry for: 1. Requests. 2. Recordation of confirmations, whether outstanding or lapsed. 3. Certificates of closing. 4. Recordation of all requests for carry-forward amounts for specific projects. 5. Other records required for the administration of […]
§ 35-1101 – Legislative consideration; funds; trust status; report; requirements
35-1101. Legislative consideration; funds; trust status; report; requirements A. A statutory fund established prior to the effective date of this section may not be reclassified as a fund held in trust unless the fund under consideration meets the following factors: 1. Serves at least one of the following purposes: (a) Protects public health or safety. […]
§ 35-904 – Obtaining and issuing confirmations
35-904. Obtaining and issuing confirmations A. Subject to section 35-905, a confirmation allocating a portion of the state ceiling to a project must be obtained before the sale or issuance of bonds or mortgage credit certificates by the issuer. A confirmation may be obtained by filing with the authority a request and evidence of an […]
§ 35-905 – Restrictions on confirmations; definition
35-905. Restrictions on confirmations; definition A. Before December 17, a confirmation shall not be allocated to a project in an amount greater than thirty-five million dollars, except that this subsection does not apply to any project that is eligible to receive an allocation pursuant to section 35-902, subsection B, C or E. For the purposes […]
§ 35-906 – Allocations obtained after March 31 through 5:00 p.m. December 16
35-906. Allocations obtained after March 31 through 5:00 p.m. December 16 A. Any portions of the state ceiling, including any portions of the state ceiling subject to a confirmation for which bonds have not been issued or for which a qualified mortgage credit certificate program has not been established by 5:00 p.m. on March 31, […]