Current through Reg. 49, No. 38; September 20, 2024
(1) loan agreement or other
financing document;
(2) trust
indenture, bond resolution, or other document which shall include the following
provisions:
(A) terms of the sale of the
bonds, i.e., negotiated, competitive or otherwise, identification of the
purchaser, whether sold at par or discount;
(B) place and manner of payment for the
bonds;
(C) title, aggregate amount,
denomination, bond number(s), and purpose of the bonds;
(D) maturity schedule;
(E) payment date(s), interest rate(s) and/or
method or formula for setting interest rate(s);
(F) redemption provisions, if any;
(G) designation of registrar and provisions
for registration and transfer of the bonds;
(H) form of bond, including on the face of
all bonds a statement to the effect that such bonds have been issued under the
Act and do not constitute, within the meaning of any statutory or
constitutional provision, an indebtedness, an obligation, or a loan of credit
of the State of Texas, the local government, or any other municipality, county,
or other municipal or political corporation or subdivision of the State of
Texas;
(I) pledge and source of
payment of the bonds and disposition of the bond proceeds;
(J) creation and designation of all funds
relating to the disposition of bond proceeds and the payment and security for
the bonds;
(K) authorization to use
official seal on the bonds and for the appropriate officers to sign the bonds
and the form of such signature and seal (manual and/or facsimile);
and
(L) specific description of the
project to be financed or refinanced which includes a general, functional
description of the type and use of the facility; the owner, operator, or
manager of the facility and the prospective location of the facility by its
street address or, if none, by a general description of its specific
location;
(3) credit
agreement or other documents such as tender agent agreement, remarketing
agreement, or other agreements which provide or facilitate credit enhancement
for the bonds, if any, or govern provisions of the bonds. If the corporation is
not a party to such agreements, they need only be submitted in substantially
final form, unexecuted;
(4)
guarantee agreement or other documents guaranteeing the bonds, if
any;
(5) official statement (or
preliminary official statement if the official statement is not available) or
other offering document and official notice of sale, if any;
(6) bond purchase agreement, if
any;
(7) deed of trust or other
mortgage documents, if any, in substantially final form, unexecuted;
(8) lender documents for single family bonds,
including:
(A) invitation to originate
mortgage financing;
(B) offer to
originate mortgage financing;
(C)
origination, sale, and servicing agreement executed by the servicer and the
issuer;
(D) evidence of receipt by
the issuer of the commitment fee from participating lenders along with the
allocation of mortgage loans to be originated by participating lenders;
and
(E) a corporate authority and
signature identification certificate of the servicer.
