West Virginia Code § 18-12B-5

Issuance of revenue refunding bonds; use of moneys; power to enter into
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escrow agreements; call for redemption.
The issuance of revenue refunding bonds under the provisions of this article shall be
authorized by resolution of the board of regents and shall otherwise be subject to the
limitations, conditions and provisions of section four of this article. Such revenue refunding
bonds may be issued in an amount at the option of the board of regents suffeicient to pay
either in full or together with interest earned on the investment of the proceeds thereof,
whether or not at the time of the issuance of the revenue refunding bonrds the hereafter
mentioned bonds are payable or callable for optional redemption, (1) the principal of any
outstanding bonds heretofore issued pursuant to the provisions of article eleven-b of this
chapter or this article (hereinafter referred to as the "outstanding bonds"); (2) the
redemption premium, if any, on such outstanding bonds or tthe prior redemption thereof; (3)
the interest due and payable on such outstanding bonds to and including the first date upon
which said outstanding bonds are callable prior to maturity, not exceeding, however, ten
years from the date of issuance of such revenue refunding bonds, or the dates upon which
the principal of said outstanding bonds mature before such first date on which the same are
callable prior to maturity, including any interest theretofore accrued and unpaid; and (4) all
expenses of the issuance and sale of said revenue refunding bonds, including all necessary
financial and legal expenses, and also including the creation of initial debt service reserve
funds. Any moneys in funds pledged with respect to the outstanding bonds may be used for
any or all of the purposes stated in (1), (2), (3) and (4) above or may be deposited in a
sinking fund or reserve fund oer other funds for the issue of bonds which have been issued
wholly or in part for the purpose of such refunding. Such amount of the proceeds of the
revenue refunding bondLs as shall be sufficient for the payment of the principal of, interest
and redemption premium, if any, on such outstanding bonds which will not be immediately
due and payable sha ll be deposited in trust, for the sole purpose of making such payments,
with the treasVurer of the State of West Virginia or the state sinking fund commission. Any of
the moneys so deposited in trust may, prior to the date on which such moneys will be needed
for the payment of principal of, interest and redemption premium, if any, on such
outstanding bonds, be invested and reinvested as determined by the board of regents, in
whole or in part: (a) In direct obligations issued by the United States of America or one of its
agencies or in direct obligations of the State of West Virginia, (b) in obligations
unconditionally guaranteed by the United States of America as to principal and interest, or
(c) in certificates of deposit of a banking corporation or association which is a member of the
federal deposit insurance corporation, or successor; but any such certificates of deposit must
be fully secured as to both principal and interest by pledged collateral consisting of direct
obligations of or obligations guaranteed by the United States of America, or direct
obligations of the State of West Virginia, having a market value, excluding accrued interest,
at all times at least equal to the amount of the principal of and accrued interest on such
certificates of deposit. Any such investments must mature, or be payable in advance of
maturity at the option of the holder, and must bear interest in such manner as to provide
funds which, together with uninvested money, will be sufficient to pay when due or called for
redemption the bonds refunded, together with interest accrued and to accrue thereon and
redemption premiums, if any, and such refunding bonds' proceeds or obligations so
purchased therewith shall be deposited in escrow and held in trust for the payment and
redemption of the bonds refunded: Provided, That if interest earned by any investment in
such escrow is shown to be in excess of the amounts required from time to time for the
payment of interest on and principal of the refunded bonds, including applicable redemption
premium, then such excess may be withdrawn from escrow and disbursed in such manner as
the board of regents shall by resolution determine, subject to the provisionse of section two of
this article. Any moneys in the sinking or reserve funds or other funds maintained for the
outstanding bonds to be refunded may be applied in the same manner arnd for the same
purpose as are the net proceeds of refunding bonds or may be deposited in the special fund
or any reserve funds established for account of the refunding bonds.
The authority to issue revenue refunding bonds shall be in atddition to any other authority to
refund bonds conferred by law.
The board of regents shall have power to enter into such escrow agreements and to insert
therein such protective and other covenants and provisions as it may consider necessary to
permit the carrying out of the provisions of thsis article and to insure the prompt payment of
principal of and interest and redemption premiums on the revenue bonds refunded.
Where any revenue bonds to be refugnded are not to be surrendered for exchange or payment
and are not to be paid at maturity with escrowed obligations, but are to be paid from such
source prior to maturity pursueant to call for redemption exercised under a right of
redemption reserved in such revenue bonds, the board of regents shall, prior to the issuance
of the refunding bonds, Ldetermine which redemption date or dates shall be used, call such
revenue bonds for redemption and provide for the giving of the notice of redemption
required by the proceedings authorizing such revenue bonds. Where such notice is to be
given at a time subsequent to the issuance of the refunding bonds, the necessary notices
may be deposited with the state sinking fund commission or the bank acting as escrow agent
of the refunding bond proceeds and the escrow agent appropriately instructed and
autWhorized to give the required notices at the prescribed time or times. If any officer of the
public body signing any such notice shall no longer be in office at the time of the utilization
of the notice, the notice shall nevertheless be valid and effective for its intended purpose.

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