49-39-4. Refunding of indebtedness--Issuance of refunding securities--Disposition of proceeds.
A resolution or agreement pursuant to §49-39-2 may further provide for the refunding of any revenue debentures, notes, warrants, bonds or other evidences of indebtedness through the issuance of other revenue debentures, notes, warrants, bonds or other evidences of indebtedness. The resolution may provide that holders are entitled to rights and priorities similar in all respects to those held by the revenue debentures, notes, warrants, bonds or other evidences of indebtedness that are refunded, and for the issuance of the refunding revenue debentures, notes, warrants, bonds or other evidences of indebtedness, either in exchange for revenue debentures, notes, warrants, bonds or other evidences of indebtedness then outstanding, or the sale thereof. The proceeds may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of the revenue debentures, notes, warrants, bonds or other evidences of indebtedness, then outstanding. Pending application of the proceeds of any refunding revenue debentures, notes, warrants, bonds or other evidences of indebtedness being refunded, if so provided or permitted in the resolution or agreement providing for the issuance of the refunding revenue debentures, notes, warrants, bonds or other evidences of indebtedness, to the payment of any interest on the refunding revenue debentures, notes, warrants, bonds or other evidences of indebtedness and any expenses in connection with the refunding, the proceeds may be invested in direct obligations of, or obligations the principal and interest of which are unconditionally guaranteed by the United States, or such other obligations as shall be provided or permitted by the resolution or agreement providing for the issuance of the revenue debentures, notes, warrants, bonds or other evidence of indebtedness being refunded, and which mature or are subject to redemption by the holders thereof at the option of the holders not later than the respective dates when the proceeds, together with the interest occurring thereof, will be required for the purposes intended.
Source: SL 1950 (SS), ch 17, §48; SDC Supp 1960, §52.1748; SL 1983, ch 346, §1.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 39 - Consumers Power District Borrowing And Indebtedness
Section 49-39-1 - Authority to borrow--Funds available for repayment--Security for loan.
Section 49-39-2 - Pledging revenues as security for borrowing.
Section 49-39-3 - Resolution specifying particular revenues pledged.
Section 49-39-6 - Sale of bonds.
Section 49-39-6.1 - Issuance of variable rate obligations--Authorization by resolution--Scope.
Section 49-39-7 - Agreement with bondholders respecting charges for electricity.
Section 49-39-8 - Pledging revenues to secure federal indebtedness--State not liable.