Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 101 - INSTITUTIONS OF HIGHER LEARNING; GENERAL PROVISIONS (§§ 37-101-1 — 37-101-415) › ISSUANCE OF BONDS FOR CONSTRUCTION AND IMPROVEMENT OF FACILITIES (§§ 37-101-91 — 37-101-103) › Section 37-101-95 - Refunding bonds

Bonds issued for the purposes enumerated in Section
37-101-91
may be refunded, in whole or in part:
(a)
When any such bonds have by their terms become due and payable and there are not sufficient sums in the fund established for their payment to pay such bonds and the interest thereon;
(b)
When any such bonds are by their terms callable for payment and redemption in advance of their date of maturity and shall have been duly called for payment and redemption;
(c)
When any such bonds are voluntarily surrendered by the holder or holders thereof in exchange for refunding bonds; or
(d)
When, in connection with the issuance of any additional bonds under Sections
37-101-91
through
37-101-103
for the purpose of financing any additional authorized construction, the board of trustees of state institutions of higher learning shall determine to combine such new issue of bonds with any issue or issues of bonds of the same institution of higher learning of the State of Mississippi then outstanding for the purpose of unifying such indebtedness and utilizing the income and revenues derived from all projects or facilities operated at such institution to the payment of such indebtedness, and the board of trustees shall determine that such outstanding bonds are by their terms then callable for redemption or are obtainable by and through the voluntary surrender thereof by the holder or holders thereof.
For the purpose of refunding any bonds, including refunding bonds, the board of trustees may make and issue refunding bonds in such amount as may be necessary to pay off and redeem bonds to be refunded together with unpaid and past due interest thereon and any premium which may be due under the terms of such bonds, together also with the cost of issuing and refunding bonds, and may sell the same in like manner as provided in Section
37-101-97
for the initial issuance of bonds. With the proceeds of any such refunding bonds, the board shall pay off, redeem, and cancel such old bonds and coupons as may have matured or such bonds as may have been called for payment and redemption together with the past due interest and the premium, if any, due thereon; such bonds may be issued and delivered in exchange for a like par value amount of bonds to refund which the refunding bonds were issued. No refunding bonds issued hereunder shall be payable in more than forty (40) years from the date thereof or shall bear interest at a rate in excess of the rate of interest authorized in Section
75-17-103
for the bonds being refunded.
Such refunding bonds shall be payable from the same sources as were pledged to the payment of the bonds refunded thereby and, in the discretion of the board of trustees, may be payable from any other sources which may be pledged to the payment of revenue bonds issued under Sections
37-101-91
through
37-101-103
. Bonds of two (2) or more issues of any institution of higher learning of the state of Mississippi may be refunded by a single issue of refunding bonds.
Notwithstanding the foregoing provisions of this section, bonds referred to hereinabove may be issued pursuant to the supplemental powers and authorizations conferred by the provisions of the Registered Bond Act, being Sections
31-21-1
through
31-21-7
.
Codes, 1942, § 6724.5-12; Laws, 1968, ch. 271, § 2; Laws, 1984, ch. 506, § 4, eff. 5/15/1984.