Section 69-A. Definitions  


Latest version.
  • As used throughout this article, the following
      terms shall have the following meanings:
        1. "Variable rate bonds" shall mean  any  State-supported  debt  which
      bears interest at a rate or rates which varies from time to time.
        2.  "Interest rate exchange or similar agreement" shall mean a written
      contract entered into in connection with the issuance of State-supported
      debt,  or  in  connection  with  such   State-supported   debt   already
      outstanding,  with a counterparty to provide for an exchange of payments
      based upon fixed and/or  variable  interest  rates,  and  shall  be  for
      exchanges in currency of the United States of America only.
        3.  "State-supported debt" shall mean all debt included in subdivision
      one of section sixty-seven-a of this chapter.
        4. "Authorized issuer" shall  mean  the  state  or  any  state  public
      corporation which is authorized to issue State-supported debt.
        5.  "Governing  board"  shall  mean, for each state public corporation
      which  is  authorized  to  issue  State-supported  debt,  its  board  of
      directors  or,  in  the  absence  of  a  board  of  directors, its other
      appropriate  supervising  body  and,  in  relation  to   state   general
      obligation debt, the state comptroller.
        6.  "Variable  rate  debt instruments" shall mean, for any calculation
      purpose, (i) variable rate bonds or (ii) any  state-supported  debt  and
      related  interest  rate  exchange  or  similar  agreements  which,  when
      considered together, result in an authorized issuer  effectively  paying
      interest  at  a  rate or rates which varies from time to time, but shall
      not include  any  variable  rate  bonds,  or  any  state-supported  debt
      considered  together  with  related  interest  rate  exchange or similar
      agreements issued on or before July first, two thousand five, during any
      period that such instrument or instruments provide for  payment  by  the
      authorized  issuer  of  a  fixed rate throughout the then current fiscal
      year of the state.
        7. "Excluded agreements" shall  mean  the  total  notional  amount  of
      interest  rate  exchange  or  similar  agreements  entered  into for the
      purpose of reducing or eliminating a situation of risk or exposure under
      an existing interest rate exchange or similar agreement, including,  but
      not  limited  to  a  counterparty downgrade, default, or other actual or
      potential economic loss; provided, however, that for agreements  entered
      into  on and after April first, two thousand seven "excluded agreements"
      shall mean the total  notional  amount  of  interest  rate  exchange  or
      similar   agreements  entered  into  for  the  purpose  of  reducing  or
      eliminating a situation of imminent risk under an existing interest rate
      exchange  or  similar  agreement,  including,  but  not  limited  to   a
      counterparty  downgrade,  default,  or other actual or imminent economic
      loss.