Title 7
SECTION 5001.303
5001.303 Applications for loan guarantee.
§ 5001.303 Applications for loan guarantee.The Agency will accept applications on a continuous basis. For each loan guarantee request, the lender must submit to the Agency a complete application that is in conformance with this section, and §§ 5001.304 through 5001.307, as applicable.
(a) Complete applications. Lenders must submit complete applications in order to be considered for loan guarantees. Lenders are encouraged to submit a complete application in a single package; however, the Agency may accept the environmental information required by the Agency and initiate and complete its environmental reviews in advance of receiving a complete application. If an application is incomplete, the Agency will notify the lender in writing of the items necessary to address the incomplete application. Upon receipt of a complete application, the Agency will complete its evaluation.
(b) Content. Lenders must provide an analysis of the scope of the project in relation to the borrower's overall operations. The application and lender's analysis should be supported by adequate documentation as applicable to the project and as listed in paragraph (c) of this section. The Agency reserves the right to request additional documentation to support the funding request. All complete applications must contain at a minimum:
(1) Agency-approved application form or system that includes all items noted in this section;
(2) Credit evaluation (conforming to § 5001.202).
(3) Environmental information required by the Agency to conduct its environmental reviews (as specified in § 5001.207(a)(2)(i)).
(4) Required financial statements including:
(i) Current Agency-acceptable balance sheet and year-to-date income statements of the borrower, and any guarantor(s) dated within 90 days of submission of the complete application;
(ii) Agency-acceptable historical balance sheet, income statements, and cash flow statements of the borrower, and any guarantor(s) for the lesser of the last three fiscal years or all years of operation; and
(iii) Projected balance sheets, income statements, and cash flow statements or a financial model starting from the current financial statements through a minimum of two years of the project performing at full operational capacity or stable operations. Based on the type of project or at the discretion of the Agency, financial projections or models may be required from current financial statements up to the end of the term of the guaranteed loan. Financial projections must be supported by a list of assumptions showing the basis for the projections. Projected financial statements must include a pro forma balance sheet projected for guaranteed loan closing.
(iv) The Agency may request additional financial statements, financial models, cash flow information, updated financial statements, and other related financial information to determine the financial feasibility of a project and evaluate the credit underwriting of borrower, its affiliates, and any guarantors.
(5) For all applications of $600,000 or greater, a draft loan agreement for the guaranteed loan that addresses the following:
(i) Repayment term and amortization provisions of the guaranteed loan;
(ii) Description of real property collateral, list of other collateral and identification of the lender's lien priority in the collateral;
(iii) A list of persons and entities guaranteeing payment of the guaranteed loan and their percentage of guarantee;
(iv) Type and frequency of borrower and guarantor financial statements to be required for the duration of the guaranteed loan (guarantor statements must be updated at least annually);
(v) Prohibition against borrower assuming liabilities or obligations of others;
(vi) Limitations on borrower dividend payments and compensation of officers, owners and members of borrower;
(vii) Limitations on the purchase and sale of equipment and other fixed assets;
(viii) Restrictions concerning mergers, consolidations, or other circumstances including significant management changes and a limitation on selling the business, project, or guarantee loan collateral without the concurrence of the lender;
(ix) Maximum debt-to-net worth ratio, when required by the lender or by this part;
(x) Minimum debt service coverage ratio, when required by the lender or by this part;
(xi) A reserved section for any requirements imposed by the Agency in its conditional commitment;
(xii) A reserved section for any Agency environmental requirements; and
(xiii) A provision for the lender and the Agency to have reasonable access to the project and its performance information during the term of the guaranteed loan including the periodic inspection of the project by a representative of the lender or the Agency.
(6) Identify whether or not the borrower has a known relationship or association with an Agency employee. If there is a known relationship, identify each Agency employee with whom the borrower has a known relationship.
(7) At the time of the loan application, the lender must submit its loan classification and credit risk rating classification scale.
(c) Provisional content. The following items may also be required based on the type of project being financed or if deficiencies exist in the credit evaluation and more information is needed to adequately determine risk:
(1) Appraisals in accordance with § 5001.203.
(2) Current credit reports or the equivalent on the borrower, any payment guarantors and any person or entity owning greater than a 20 percent or more interest in the borrower or controls the borrower, except for passive investors and those corporations listed on a major stock exchange. A credit report or its equivalent are not required for elected and appointed officials when the borrower is a public body, or Indian Tribe, or for members of a non-profit organization. Credit reports must be submitted to the Agency for all applications for guaranteed loans in the amount of $200,000 or more. For lenders that are submitting smaller requests, the lender must keep the credit report on file with the lender's application.
(3) Feasibility study: If the Agency is unable to determine a basis for successful repayment of a guaranteed loan based on the documentation and analysis of the five feasibility study components provided in the lender's analysis, borrower's business plan, or other project information, or if the proposed project will have significant impacts on existing operations, the Agency may require an independent feasibility study. The elements of an acceptable feasibility study may vary by project scope and should be prepared by a qualified, independent third party using applicable elements of the project, including but not limited to those outlined in appendix A to subpart D of this part.
(4) Intergovernmental consultation comments in accordance with 2 CFR part 415, subpart C, or successor regulation, unless exemptions have been granted by the State's single point of contact.
(5) Engineering documentation.
(6) Architectural reports.
(7) Energy audits or energy assessments in accordance with § 5001.107.
(8) Energy efficient equipment and systems data in accordance with § 5001.108.
(9) Business plan: Unless the information is contained in the feasibility study or in the credit evaluation, a business plan should be submitted to show how the project will operate and remain viable. This requirement may be omitted when guaranteed loan funds are used exclusively for debt refinancing.
(10) If the application is for five or more residential units, including nursing homes and assisted-living centers, an Affirmative Fair Housing Marketing Plan that is in conformance with 7 CFR 1901.203(c)(3).
(11) If the application is for financing of health care facilities, a certificate of need, if required by Federal or State law.
(12) Department of Labor form as noted in § 5001.306(a)(1).
(13) Pro-forma balance sheet for closing as noted in § 5001.306(a)(2).
(14) SEC Form 10-K as noted in § 5001.306(a)(4).
(15) Technical reports in accordance with § 5001.307(e).
(16) Certification regarding credit elsewhere in accordance with § 5001.126(b)(3) and (c)(2).
(17) Certification of significant community support in accordance with § 5001.126(b)(4) and (c)(3).
(18) Copies of organizational documents if not already provided with a preliminary eligibility review in accordance with § 5001.302.
(d) Application modification. Once a complete application is accepted by the Agency and prior to Agency award of a loan note guarantee, any modification to the application will be treated as a new Application and the Agency will process the information accordingly. The submission date of record for a modified application is the date the Agency receives the modified application information.
[85 FR 42518, July 14, 2020, as amended at 85 FR 62197, Oct. 2, 2020]