2010 West Virginia Code
CHAPTER 18. EDUCATION
ARTICLE 27. WEST VIRGINIA EDUCATION LOAN BOND PROGRAM.
§18-27-8. Bonds.

§18-27-8. Bonds.
(a) The board may from time to time issue bonds for any purpose authorized under this article and all such bonds or other obligations of the board issued pursuant to this article shall be and are hereby declared to be negotiable for all purposes notwithstanding their payment from limited source and without regard to any other law or laws.

(b) The board may not have outstanding at any one time bonds in an aggregate principal amount exceeding thirty million dollars, excluding bonds issued to refund the bonds of the board.

(c) The bonds of each issue shall be payable solely out of revenues of the board pertaining to the program relating to such bond issue, including principal and interest on board loans and education loans, payments by institutions of higher education, banks, insurance companies or others pursuant to letters of credit or purchase agreements, investment earnings from funds or accounts maintained pursuant to the bond resolution, insurance proceeds, loan funding deposits, proceeds of sales of education loans, proceeds of refunding bonds and fees, charges and other revenues of the board from such program.

(d) The bonds may be issued as serial bonds or as term bonds, or both. The bonds shall be authorized by a bond resolution of the board and shall bear such date or dates, mature at such time or times not exceeding the year following the last year in which the final payments in an education loan series portfolio are due, or thirty years, whichever is sooner, from their respective dates of issue, bear interest at such rate or rates, be payable at such time or times, be in such denominations, be in such form, either coupon or fully registered, carry such registration and conversion privileges, be payable in lawful money of the United States of America as such places, and be subject to such terms of redemption as such bond resolution may provide. The bonds shall be executed by the manual or facsimile signatures of such officers of the board as are designated by the board. The bonds shall be sold in such manner and at such prices as the board determines. Pending preparation of the definitive bonds, the board may issue interim receipts or certificates which shall be exchanged for such definitive bonds.

(e) Any bond resolution may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized, as to:

(i) Pledging or assigning the revenues derived from the authority loans and education loans with respect to which such bonds are to be issued; (ii) the fees and other amounts to be charged, and the sums to be raised in each year thereby, and the use, investment and disposition of such sums; (iii) the setting aside of loan funding deposits, debt service reserves, capitalized interest accounts, cost of issuance accounts and sinking funds, and the regulation, investment and disposition thereof; (iv) limitations on the use of the education loans; (v) limitations on the purpose to which or the investments in which the proceeds of sale of any issue of bonds then or thereafter to be issued may be applied; (vi) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; (vii) the refunding of outstanding bonds; (viii) the procedure, if any, by which the terms of any contract with bondholders may be amended, or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given; (ix) defining the acts or omissions to act which shall constitute a default in the duties of the board to holders of its obligations and providing the rights or remedies of such holders in the event of a default; (x) providing for guarantees, pledges of endowments, letters of credit, property or other security for the benefit of the holders of such bonds; and (xi) any other matters relating to the bonds which the board considers desirable.

(f) Neither the members of the board nor any person executing the bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance thereof.

(g) The board may purchase its bonds out of any funds available therefor. The board may hold, pledge, cancel or resell such bonds subject to and in accordance with agreements with bondholders.

(h) The board may refund any of its bonds. Such refunding bonds shall be issued in the same manner as other bonds of the board.