Sec. 4. (a) The operator may finance its obligations with respect to the project and the public-private agreement in the amounts and upon the terms and conditions determined by the operator.
(b) The operator may:
(1) issue debt, equity, or other securities or obligations;
(2) enter into sale and leaseback transactions; and
(3) secure any financing with a pledge of, security interest in, or lien on any user fees charged and collected for the use of a toll road project or a facility project and any property interest of the operator in a toll road project or a facility project.
However, any bonds, debt, other securities, or other financing issued for the purposes of this article shall not be considered to constitute a debt of the state or any political subdivision of the state or a pledge of the faith and credit of the state or any political subdivision.
(c) The operator may deposit any user fees charged and collected for the use of a toll road project or a facility project in a separate account held by a trustee or escrow agent for the benefit of the secured parties of the operator.
As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.152; P.L.213-2015, SEC.112.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 15.5. Public-Private Agreements for Toll Road Projects
Chapter 5. Terms and Conditions of Public-Private Agreements
8-15.5-5-1. Public-Private Agreement by Operator; Approval by Governor
8-15.5-5-2. Required Provisions of Public-Private Agreement
8-15.5-5-3. Other Permitted Provisions of Public-Private Agreement
8-15.5-5-4. Financing of Obligations by Operator; No State or Local Debt or Pledge
8-15.5-5-5. Public-Private Agreement With Multiple Entities
8-15.5-5-6. Exercise of Powers Delegated or Assigned by Authority
8-15.5-5-6.1. Public-Private Agreements; Actions to Facilitate Completion
8-15.5-5-7. Freeway Project; Construction in Sections