LD 163
pg. 3
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inability to obtain necessary financing without the
capital reserve fund security provided by the authority;
and

 
(7) Whether collateral securing the repayment
obligation is reasonably sufficient under the
circumstances.

 
Financing assistance for any one major business expansion
project may not exceed $25,000,000 in loan amount. The
authority may establish, pursuant to rules adopted in
accordance with Title 5, chapter 375, subchapter II 2,
application procedures, approval criteria and reasonable
fees for major business expansion projects; and

 
Sec. 3. 10 MRSA §1043, sub-§2, ¶K, as enacted by PL 1999, c. 484, §7,
is amended by amending subparagraph (8) to read:

 
(8) Whether the applicant demonstrates that the need
for authority assistance is due to the reduced cost and
increased flexibility of the financing for the project
that result from the authority assistance and not from
an inability to obtain necessary financing without the
capital reserve fund security provided by the
authority.; and

 
Sec. 4. 10 MRSA §1043, sub-§2, ¶L is enacted to read:

 
L.__In the case of transmission facilities projects, the
applicant is creditworthy and there is a strong likelihood
that the revenue obligation securities will be repaid
through the revenues of the project and any other source of
revenues and collateral pledged to the repayment of those
securities.__In order to make this determination, the
authority shall consider such factors as it considers
necessary and appropriate in light of the special purpose or
other nature of the business entity owning the project to
measure and evaluate the project and the sufficiency of the
pledged revenues to repay the obligations, including:

 
(1)__Whether the individuals or entities obligated to
repay the obligations have demonstrated sufficient
revenues from the project or from other sources to
repay the obligations and a strong probability that
those revenues will continue to be available for the
term of the revenue obligation securities;

 
(2)__Whether the applicant demonstrates a strong
probability that the project will continue to operate
and provide the public benefits projected to be created
for the term of the revenue obligation securities;


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