NRS 396.872
Refunding of securities payable from pledged revenues: Resolution

  • trust indenture
  • limitations on call for prior redemption
  • exchange of outstanding securities held by State or its agencies
  • outstanding securities evidencing long-term loans.

1.

Any bonds of the Board or University issued hereunder or pursuant to any other act and payable from any pledged revenues may be refunded by the Board on its behalf or on behalf of the University by the adoption of a resolution or resolutions by the Board and by any trust indenture or other proceedings appertaining thereto, authorizing the issuance of bonds to refund, pay and discharge all or any part of such outstanding bonds of any one or more or all outstanding issues:

(a)

For the acceleration, deceleration or other modification of the payment of such obligations, including any interest thereon in arrears, or about to become due for any period not exceeding 3 years from the date of the refunding bonds;

(b)

For the purpose of reducing interest costs or effecting other economies;

(c)

For the purpose of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds, otherwise concerning the outstanding bonds, or otherwise relating to any facilities appertaining thereto; or

(d)

For any combination of the purposes stated in paragraphs (a), (b) and (c).

2.

Nothing contained herein nor in any other law of this state shall be construed to permit the Board to call on its behalf or on behalf of the Board or University bonds or other securities now or hereafter outstanding for prior redemption in order to fund or refund such securities or in order to pay them prior to their stated maturities, unless the right to call such securities for prior redemption was specifically reserved and stated in such securities at the time of their issuance, and all conditions with respect to the manner, price and time applicable to such prior redemption as set forth in the proceedings authorizing the outstanding securities are strictly observed. It is the intention of this subsection to make it certain that the holder of no outstanding bond or other security may be compelled to surrender such security for funding or refunding prior to its stated maturity or optional date of prior redemption expressly reserved therein, even though such funding or refunding might result in financial benefit to the Board or University.

3.

Notwithstanding the provisions of subsection 2 of this section or of any other law, this state, acting by and through the State Board of Finance, may agree with the University or its Board to exchange any outstanding bonds or other securities of the University or the Board and held by the State, or any agency, corporation, department or other instrumentality of the State, for funding or refunding bonds or other funding securities of the University or the Board, or otherwise to surrender at such price and time and otherwise upon such conditions and other terms and in such manner as may be mutually agreeable such outstanding bonds or other securities to the Board for funding or refunding at any time prior to their respective maturities or to any date as of which the Board has the right and option to call on its behalf or on behalf of the University such outstanding bonds or other securities for prior redemption as expressly provided in the outstanding securities and any resolution, trust indenture or other proceedings authorizing their issuance.

4.

Any provision herein concerning the refunding of outstanding bonds includes any outstanding securities evidencing long-term loans to the University or the Board regardless of whether such securities are designated as bonds, certificates, single certificates or otherwise.

Source: Section 396.872 — Refunding of securities payable from pledged revenues: Resolution; trust indenture; limitations on call for prior redemption; exchange of outstanding securities held by State or its agencies; outstanding securities evidencing long-term loans., https://www.­leg.­state.­nv.­us/NRS/NRS-396.­html#NRS396Sec872.

396.809
Short title.
396.810
Purpose
396.811
Definitions.
396.812
“Acquisition” and “acquire” defined.
396.813
“Board” defined.
396.814
“Chair” and “Chair of the Board” defined.
396.815
“Commercial bank” defined.
396.816
“Cost of any project” defined.
396.817
“Facilities” defined.
396.818
“Federal Government” defined.
396.819
“Federal securities” defined.
396.820
“Gross revenues” and “gross pledged revenues” defined.
396.821
“Hereby,” “herein,” “hereinabove,” “hereinafter,” “hereinbefore,” “hereof,” “hereto,” “hereunder,” “heretofore” and “hereafter” defined.
396.822
“Holder” defined.
396.823
“Improvement” and “improve” defined.
396.824
“Net revenues” and “net pledged revenues” defined.
396.825
“Operation and maintenance expenses” defined.
396.826
“Operation and maintenance expenses”: Exclusions from definition.
396.828
“Pledged revenues” defined.
396.829
“Pledged revenues”: Exclusions from definition.
396.831
“Project” defined.
396.832
“Secretary of the Board” defined.
396.833
“Securities” defined.
396.834
“State” defined.
396.835
“Treasurer of the University” defined.
396.836
“Trust bank” defined.
396.837
“United States” defined.
396.838
“University” defined.
396.839
Bonds and other securities are special obligations payable solely out of net pledged revenues.
396.840
Proposed securities: Sufficiency of revenues
396.841
Payment of securities not to be secured by encumbrance, mortgage or pledge of property
396.842
Recourse against individual Regents: Acceptance of securities constitutes waiver and release.
396.843
Bonds and other securities not obligations of or enforceable against State
396.844
Faith of State pledged against repeal, amendment or modification of University Securities Law.
396.845
Power of University or Regents to become obligated and issue securities for project
396.846
Types of securities which may be issued
396.847
Notes and warrants: Maturity
396.848
Temporary bonds: Conditions, terms and provisions
396.849
Resolution authorizing issuance of securities: Description of purposes.
396.850
Details of securities provided by resolution.
396.851
Recital in securities conclusive evidence of validity and regularity of issuance.
396.852
Denomination, negotiability and maturity of securities
396.853
Execution, signing, countersigning and authentication of securities and coupons
396.854
Redemption before maturity.
396.855
Repurchase of bonds and other securities.
396.856
Use of money received from issuance of securities.
396.857
Disposition of unexpended balance after completion of project.
396.858
Validity of securities not dependent on proceedings relating to project or completion of purpose
396.859
Special funds and accounts: Creation
396.860
Employment of legal and other expert services
396.861
Investment and reinvestment of revenues and proceeds of securities in federal securities.
396.862
Covenants and other provisions in bonds and other securities.
396.863
Pledged revenues received or credited subject to immediate lien
396.864
Rights and powers of holders of securities and trustees.
396.865
Receivers: Appointment
396.866
Rights and remedies cumulative.
396.867
Failure of holder to proceed does not relieve University and its officers, agents and employees of liability for nonperformance of duties.
396.868
Interim debentures: Maturity
396.869
Interim debentures: Security for payment.
396.870
Interim debentures: Extension and funding.
396.871
Interim debentures: Funding by reissuance of bonds pledged as collateral security
396.872
Refunding of securities payable from pledged revenues: Resolution
396.873
Refunding bonds: Exchange for outstanding bonds or federal securities
396.874
Conditions for refunding bonds.
396.875
Refunding bonds: Disposition of proceeds, accrued interest and premium
396.876
Proceeds of refunding bonds in escrow or trust: Investment
396.877
Refunding bonds payable from pledged revenues.
396.878
Issuance of bonds separately or in combination.
396.879
Other statutory provisions applicable to refunding bonds.
396.880
Conclusive determination of Board of Regents that statutory limitations have been met.
396.881
Bonds and other securities exempt from taxation
396.882
Bonds and other securities legal investments for state money.
396.883
Legal investments for other persons.
396.885
Liberal construction.
396.8145
“Chancellor of the University” defined.
396.8163
“Disposal” and “dispose” defined.
396.8167
“Equip” and “equipment” defined.
396.8395
Revenues which may be included as pledged revenues.
396.8455
Board of Regents authorized to delegate its authority to sign contract for purchase of securities or to accept bid for securities
396.8495
Resolution authorizing issuance of securities may fix rate of interest
396.8615
Investment and reinvestment of pledged revenues and proceeds of securities issued in investment contract collateralized with securities issued by Federal Government.
396.8625
Agreements in connection with securities: Exchange of interest rates
Last Updated

Feb. 5, 2021

§ 396.872’s source at nv​.us