2021 Oregon Revised Statutes
Chapter 285B - Economic Development II
Section 285B.362 - Covenants in bonds.


(1) The rents to be charged for the use of properties acquired, constructed, installed, reconstructed, improved, bettered or extended under the authority of ORS 285B.320 to 285B.371;
(2) The use and disposition of the revenues of such projects;
(3) The creation and maintenance of sinking funds and the regulation, use and disposition thereof;
(4) The creation and maintenance of funds to provide for maintaining the eligible project and replacement of properties depreciated, damaged, destroyed or condemned;
(5) The purpose or purposes to which the proceeds of sale of bonds may be applied and the use and disposition of such proceeds;
(6) The nature of mortgages or other encumbrances on the eligible project made in favor of the holder or holders of such bonds or in favor of any escrow agent, vendor, lender, other financing party or trustee therefor;
(7) The events of default and the rights and liabilities arising thereon and the terms and conditions upon which the holders of any bonds may bring any suit or action on such bonds or on any coupons appurtenant thereto;
(8) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of the eligible project;
(9) The insurance to be carried upon the eligible project and the use and disposition of insurance moneys;
(10) The keeping of books of account and the inspection and audit thereof;
(11) The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and the terms and conditions upon which such declaration and its consequences may be waived;
(12) The rights, liabilities, powers and duties arising upon the breach by the municipality or redevelopment agency of any covenants, conditions or obligations;
(13) The appointing of and vesting in a trustee or trustees of the right to enforce any covenants made to secure or to pay the bonds; the powers and duties of such trustee or trustees, and the limitation of their liabilities;
(14) The terms and conditions upon which the holder or holders of the bonds, or the holders of any proportion or percentage of them, may enforce any covenants made under ORS 285B.320 to 285B.371;
(15) A procedure by which the terms of any official action authorizing bonds or of any other contract with bondholders, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and the amount of bonds the holders of which may consent thereto, and the manner in which such consent may be given; and
(16) The subordination of the security of any bonds issued under ORS 285B.320 to 285B.371 and the payment of principal and interest thereof, to the extent deemed feasible and desirable by the state, to other bonds or obligations of the state issued to finance the eligible project or that may be outstanding when the bonds thus subordinated are issued and delivered. [Formerly 285.380; 1999 c.509 §38; 2007 c.783 §101; 2009 c.830 §91]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 07 - Public Facilities and Finance

Chapter 285B - Economic Development II

Section 285B.050 - Definitions for ORS 285B.050 to 285B.098.

Section 285B.053 - Borrowing money from Oregon Business Development Fund; application; report.

Section 285B.059 - Conditions for commission approval of project; limits; exceptions.

Section 285B.062 - Loan contract; required provisions; repayment plan; state liability.

Section 285B.063 - Annual adjustment of maximum contract amounts.

Section 285B.068 - Payment of moneys for project; applicant to pay percentage of loan principal to Oregon Business Development Fund.

Section 285B.080 - Director as agent; duties; authority to approve loans.

Section 285B.081 - Repayment and collection; rules.

Section 285B.086 - Authorization to lend funds for joint governmental projects or match money; form of loan application; loan limit.

Section 285B.089 - Loan contract; required provisions; repayment schedule.

Section 285B.092 - Oregon Business Development Fund; uses; transfer of unobligated funds.

Section 285B.093 - Oregon Targeted Development Account; purpose; exemption from minimum interest rate.

Section 285B.109 - Definitions for ORS 285B.109 to 285B.119.

Section 285B.113 - Contracts with financial institutions to participate in program; required contents; disclosure of information.

Section 285B.115 - Loss reserve accounts; policies; rules; moneys as property of state.

Section 285B.117 - Enrollment of qualified loan in program; notice to department; fees; transfers to loss reserve accounts; rules and limits for loans.

Section 285B.118 - Claims for reimbursement of losses; reimbursable costs; repayment to loss reserve account.

Section 285B.119 - Capital Access Fund; investment; retrieval of interest; administrative expenses.

Section 285B.123 - Purpose.

Section 285B.130 - Loans from Small Business Expansion Loan Fund; application fees; eligibility; loan agreements; loan limits; moneys reserved for low to moderate income applicants; rules.

Section 285B.133 - Small Business Expansion Loan Fund; purposes; sources of moneys; special transfers to and from fund.

Section 285B.168 - Grants; application; required provisions; authorized uses; eligibility; subcontracts; report.

Section 285B.169 - Centers to collaborate with state agencies and private sector.

Section 285B.178 - Definitions for Microenterprise Development Act.

Section 285B.179 - Purposes of Microenterprise Development Act.

Section 285B.186 - Short title.

Section 285B.200 - Definitions for ORS 285B.200 to 285B.218.

Section 285B.203 - Purpose of Credit Enhancement Fund.

Section 285B.206 - Duties of department; rules; application procedure; agreement contents.

Section 285B.209 - Fees and terms for loan and credit guarantees.

Section 285B.215 - Credit Enhancement Fund; uses; sources.

Section 285B.218 - Pledge to assure repayment; transfer of funds to pay claims.

Section 285B.233 - Legislative findings; purpose.

Section 285B.236 - Guidelines for local economic development strategies; required provisions; rules.

Section 285B.260 - Local Economic Opportunity Fund; uses; rules.

Section 285B.266 - Strategic Reserve Fund; uses.

Section 285B.283 - Policy.

Section 285B.286 - Entrepreneurial and industry development activities.

Section 285B.290 - Industry Competitiveness Fund; uses.

Section 285B.323 - Definitions for ORS 285B.320 to 285B.371.

Section 285B.326 - Request for issuance of bonds; fees; rules; reimbursement for expenses.

Section 285B.329 - Review of project by commission; exception.

Section 285B.335 - Powers of department; lease requirements.

Section 285B.338 - Powers of commission.

Section 285B.344 - Issuance of bonds.

Section 285B.362 - Covenants in bonds.

Section 285B.365 - Limitations of bonds; recitals.

Section 285B.368 - Powers and rights of bondholders.

Section 285B.410 - Definitions for ORS 285B.410 to 285B.482.

Section 285B.413 - Legislative findings; purpose; use of moneys; rules.

Section 285B.419 - Administration of Special Public Works Fund; rules and policies.

Section 285B.420 - Financial assistance for levee projects; required findings.

Section 285B.421 - Levee Project Grant Fund; limits; matching funds; rural and distressed areas.

Section 285B.422 - Funding to municipalities for development projects; criteria for project funding; prohibited uses.

Section 285B.437 - Contract with municipality; required provisions; repayment.

Section 285B.440 - Primary use of moneys in fund; standards for awarding grants; limitations; rules.

Section 285B.449 - Effect of failure to comply or default.

Section 285B.455 - Special Public Works Fund; uses; administration of fund.

Section 285B.456 - Levee Project Subaccount.

Section 285B.460 - Funding and assistance for planning projects.

Section 285B.462 - Funding and assistance for emergency projects.

Section 285B.465 - Allowable costs of projects.

Section 285B.467 - Oregon Infrastructure Finance Authority to determine eligibility for revenue bond financing; rules; request for issuance; allowable costs.

Section 285B.470 - Powers of authority.

Section 285B.473 - Issuance of revenue bonds.

Section 285B.476 - Application of law to revenue bonds; proceeds; maximum duration of loans.

Section 285B.479 - Nature of revenue bonds.

Section 285B.482 - Revenue bonds as parity bonds; consolidation of bond proceeds; loans and consolidated funds as security for water or development projects.

Section 285B.500 - Purpose of ORS 285B.500 to 285B.512; legislative findings.

Section 285B.503 - Oregon Unified International Trade Fund; uses.

Section 285B.506 - Grant agreements; maximum grant amount; required provisions; assignment of right to receive grant moneys; agreement not to constitute state debt or liability.

Section 285B.509 - Agreements between primary sponsor and United States.

Section 285B.512 - End of lottery allocations upon certification by administrator of authority.

Section 285B.515 - "Primary sponsor" and "project sponsor" defined.

Section 285B.530 - Definitions for ORS 285B.530 to 285B.548.

Section 285B.533 - Issuance of infrastructure lottery bonds; amount; use of bond proceeds.

Section 285B.548 - Amount of infrastructure lottery bonds.

Section 285B.551 - Issuance of additional lottery bonds; uses; maximum amounts; Economic Infrastructure Project Fund.

Section 285B.560 - Definitions for ORS 285B.560 to 285B.599.

Section 285B.563 - Water Fund; uses; conditions for making loan; grant awards; investment of fund moneys; rules and policies.

Section 285B.572 - Eligibility of project for revenue bond financing; rules; decision to issue bonds.

Section 285B.575 - Issuance of revenue bonds.

Section 285B.578 - Nature of revenue bonds.

Section 285B.581 - Repayment plans; required provisions; loan contract; sources for repayment.

Section 285B.584 - Powers of authority.

Section 285B.587 - Deposit and use of bond proceeds.

Section 285B.599 - Effect of failure to repay to Water Fund; default.

Section 285B.600 - Definitions for ORS 285B.600 to 285B.620.

Section 285B.602 - Rules.

Section 285B.605 - Certification of eligible employers; time period to approve application.

Section 285B.608 - Application for certification; requirements.

Section 285B.610 - Revocation of certificate.

Section 285B.615 - Oregon Business Retention and Expansion Program; purpose; agreements; contents; loans.

Section 285B.618 - Department estimate of program tax revenues; methodology.

Section 285B.620 - Oregon Business Retention and Expansion Program Fund; sources; uses.

Section 285B.622 - Transfer of moneys from Strategic Reserve Fund.

Section 285B.625 - Legislative findings.

Section 285B.626 - Definitions for ORS 285B.625 to 285B.632.

Section 285B.627 - Oregon Industrial Site Readiness Program; purpose; application; tax reimbursement arrangement; loan agreement; rules.

Section 285B.630 - Department to obtain employment and wage information for eligible employers at regionally significant industrial sites and determine estimated incremental income tax revenues; transfer of certified amounts to fund; rules.

Section 285B.632 - Oregon Industrial Site Readiness Program Fund; sources; uses.

Section 285B.635 - Legislative findings.

Section 285B.636 - Definitions for ORS 285B.635 to 285B.640.

Section 285B.637 - Oregon Industrial Site Readiness Assessment Program; purpose; application; grant eligibility; limitations; rules.

Section 285B.640 - Oregon Industrial Site Readiness Assessment Program Fund; sources; uses.

Section 285B.642 - Findings in furtherance of economic development.

Section 285B.651 - Definitions for ORS 285B.651 to 285B.676.

Section 285B.655 - Distributions to assist rural jurisdictions with applications for funding.

Section 285B.660 - Oregon Business Development Department to develop policy for distributions, work with district association, oversee rural grant services.

Section 285B.664 - Requirements for member district receiving moneys; agreements with regional solutions advisory committees; quarterly reports; member district hiring authority.

Section 285B.670 - Annual report to legislature by Oregon Business Development Department.

Section 285B.676 - Oregon Rural Capacity Fund.

Section 285B.740 - Legislative intent; delegation of loan program responsibilities; powers of department; loan fees.

Section 285B.743 - Application for entrepreneurial development loan; eligibility; rules.

Section 285B.746 - Conditions for loan approval.

Section 285B.749 - Additional conditions for loan approval; maximum term and amount of loan.

Section 285B.753 - Indexing of annual revenue limit amount and maximum loan amount.

Section 285B.758 - Oregon Entrepreneurial Development Loan Fund; uses.

Section 285B.764 - Definitions for ORS 285B.764 to 285B.775.

Section 285B.768 - Oregon Business Development Department to develop and implement loan program; limits and requirements.

Section 285B.771 - Application process; assistance from technical assistance provider required; referral of application to Oregon Business Development Department; payment of closing costs; payment of loan proceeds.

Section 285B.774 - Disadvantaged and Emerging Small Business Loan Fund.

Section 285B.775 - Annual report by Oregon Business Development Department to legislature.

Section 285B.780 - Purpose.

Section 285B.784 - Definitions for ORS 285B.780 to 285B.799.

Section 285B.787 - RFP process for awards to lenders; limits; approval criteria.

Section 285B.791 - Agreements with lenders; terms; waiver and breach of lender obligations upon borrower default; minimum total loan principal amount.

Section 285B.794 - Annual report by lenders.

Section 285B.797 - Release of lender and use of balance in account; repayment of balance.

Section 285B.799 - Biennial report by Oregon Business Development Department to legislature.