Section 10-B5008. REFUNDINGS

 

5008.1In the case of an issue of bonds issued to re-fund one (1) or more outstanding issues of bonds, the proceeds of the refunding issue shall be considered to be used for the purpose(s) for which the proceeds of the issue(s) to be refunded were used. The provisions of this subsection shall apply regardless of the date of issuance of the issue(s) to be refunded and shall apply to refunding issues to be issued to refund prior refunding issues.

 

5008.2An industrial development bond which is issued to refund a prior issue or issues of bonds issued to finance an exempt facility shall be considered a qualified industrial development bond if substantially all of the proceeds of the refunded issue were used to provide facilities generally available to the general public and described in §5006.9(c) or §5006.9(d).

 

5008.3An industrial development bond with an aggregate authorized face amount of one million dollars ($1,000,000) or less shall be considered a qualified industrial development bond if substantially all of the proceeds of that issue are to be used:

 

(a)To redeem part or all of a prior issue which was a qualified industrial development bond issued to finance one (1) or more exempt small issue facilities; or

 

(b)To refund part or all of a prior issue issued to refund an issue described in §5006.13.

 

5008.4An industrial development bond with an aggregate authorized face amount of ten million dollars ($10,000,000) or less, but more than one million dollars ($1,000,000), which is issued to re-fund a prior issue or issues of bonds issued to finance one (1) or more exempt small issue facilities shall be a qualified industrial development bond if the condition set forth in §5007.8 is met, and if substantially all of the proceeds are to be used as provided in §5008.3.

 

source

Final Rulemaking published at 30 DCR 4905, 4924 (September 23, 1983).