Nevada Code § 350.820

Agreements for exchange of interest rates
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1. A municipality that has issued or
proposes to issue municipal securities in the amount of $10,000,000 or more may
enter into an agreement for an exchange of interest rates as provided in this
section if it finds that such an agreement would be in the best interests of
the municipality.
2. A municipality may enter into an
agreement to exchange interest rates only if:
(a) The long-term debt obligations of the person
with whom the municipality enters the agreement are rated A or better by a
nationally recognized rating agency; or
(b) The obligations pursuant to the agreement of
the person with whom the municipality enters the agreement are either:
(1) Guaranteed by a person whose long-term
debt obligations are rated A or better by a nationally recognized rating
agency; or
(2) Collateralized by obligations
deposited with the municipality or an agent of the municipality which would be
legal investments for the State pursuant to NRS
355.140 and which have a market value at the time agreement is made of not
less than 100 percent of the principal amount upon which the exchange of
interest rates is based.
3. A municipality may agree, with respect
to securities that the municipality has issued or proposes to issue bearing
interest at a variable rate, to pay sums equal to interest at a fixed rate or
rates or at a different variable rate determined pursuant to a formula set
forth in the agreement on an amount not to exceed the principal amount of the
municipal securities with respect to which the agreement is made, in exchange
for an agreement to pay sums equal to interest on the same principal amount at
a variable rate determined pursuant to a formula set forth in the agreement.
4. A municipality may agree, with respect
to securities that the municipality has issued or proposes to issue bearing
interest at a fixed rate or rates, to pay sums equal to interest at a variable
rate determined pursuant to a formula set forth in the agreement on an amount
not to exceed the outstanding principal amount of the municipal securities with
respect to which the agreement is made, in exchange for an agreement to pay
sums equal to interest on the same principal amount at a fixed rate or rates
set forth in the agreement.
5. The term of an agreement entered into
pursuant to this section must not exceed the term of the municipal securities
with respect to which the agreement was made.
6. An agreement entered into pursuant to
this section is not a debt or indebtedness of the municipality for the purposes
of any limitation upon the indebtedness of the municipality or any requirement
for an election with regard to the issuance of securities that is applicable to
the municipality.
7. Limitations upon the rate of interest
on a municipal security do not apply to interest paid pursuant to an agreement
entered into pursuant to this section.
8. A municipality which has entered into
an agreement pursuant to this section with respect to those securities may
treat the amount or rate of interest on the securities as the amount or rate of
interest payable after giving effect to the agreement for the purpose of
calculating:
(a) Rates and charges of a revenue-producing
enterprise whose revenues are pledged to or used to pay municipal securities;
(b) Statutory requirements concerning revenue
coverage that are applicable to municipal securities;
(c) Tax levies to pay debt service on municipal
securities; and
(d) Any other amounts which are based upon the
rate of interest of municipal securities.
9. Subject to covenants applicable to the
securities, any payments required to be made by the municipality under the
agreement may be made from money pledged to pay debt service on the securities
with respect to which the agreement was made or from any other legally
available source.

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