PURPOSE: This rule describes terms used by the Agricultural and Small Business Deuelopment Authority in administering the small business deuelopment loan program. Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or ezpensiue. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office ofthe SecretaryofStateor at the headquarters

ROY El. Blunt (l/3/92) SBermly Of 9talC 2 CSR 100-4 ,

m

oftheagencyandisavailabletoanyinterested (K) Small business means any business person at a cost established by state law. which meets the criteria as interpreted and applied by the authority as a small business established for the Small Business Adminis- (1) Terms not otherwise defined in this rule tration as set forth in Section 121.3-10 of Part shall have the meanings given them in 121 of Title 13 of the Code of Federal Regula. sections 348.005-348.180, RSMo (1986) or in tions. participation and loan purchase agreements as described in these rules. Auth: section 348.075, RSMo (1986). (A) Act means sections 348.005-348.180, Original r&filed Aug. 13,1991, effectiue RSMo (1986). Jan. 13,1992. (B) Application means a completed instrument on a form approved by the authority which includes a description of the anticipated use of loan proceeds, the amount of the loan and certain certifications of the participating borrower and the participating lender. (C) Application fee means the fee as set from time-to-time by the authority payable by a participating borrower to the authority. (D) Authority means the Missouri Agricultural and Small Business Development Authority organized under the provisions of the Act. (E) Authority fee means the fees as set from time-to-time by the authority payable prior to loan closing by a participating borrower to the authority. (F) Closing documents means the participating borrowers’ documents, the participating lenders’ documents, the closing certificates of the participating borrower(s) and the participating lender(s), and any other certification or documents as the authority reasonably may require. (G) Loan and security agreement means an agreement between a participating borrower and a participating lender and any amendments and supplements to it providing for a small business loan by a participating lender to a participating borrower and for its repayment by the participating borrower. (H) Note meant a promissory note to evidence the obligation of the participating borrowertomake therepaymentsasdefinedin the loan and security agreement. (I) Participating borrower means any individual, partnership, corporation, firm or other legal entity which meets the criteria as a small business. (J) Participating lender means any state or national bank, federal land bank, production credit association, bank for cooperatives, federal or state-chartered savings and loan association, or building and loan association or small business investment company that is subject to credit examinations by an agency of the state or federal government, any govern mental agency or any other lending institution approved by the insurer or guarantor of an agricultural development loan, beginning farmer loan or small business pollution control facility loan which undertakes to make or service that loan.

CODEOFSTATEREGULATIONS

2 CSR lOO-4-AGRICULTURE Division 100~Missouri Agricultural and Small Business Development Authority

NO “FINDERS PART A: to be completed by the Borrower 1. Name 2. Address

1. 3. Telephone
2. 4. If Borrower NO. for reporting
3. 5. If Borrower
4. 6. Amo”“t of Loan Request $
5. 7. Loan Down Payment
6. 8. Description

7. 9. Location of Project:

   County(s) in which Project will be located:

8. 10. Seller of Project Seller’s Address: Relationship

9. 11. Other principal Project is any person or entity which will own or lease 10% or more of the Project, as measured against Project, the total square MISSOURI AGRICULTURAL

   Post Office Box 630

   SMALL BUSINESS LOAN PROGRAM

FEE” IS REQUIRED BY THE MASBDA

( is a” individual, purposes is other than a”

(if any) $

of anticipated use of loan proceeds

(include mailing address, city, zip code)

(if know”):

to Borrower. (if any): users of the Project and footage of the Project or the total NZl”E AND SMAIL BUSINESS DEVELOPMENT AUTHORITY

Jefferson City, Missouri 65102

) please give age for statistical purposes and Social Security and Employer I.D. NO., if any, for reporting purposes individual, please give Employer I.D. No. for reporting purposes

(“Projec?‘) - (use additional sheets if necessary):

their Social Security and/or Employer Identification numbers (principal user of a the total value of the rent paid from the Project): Social Sxurily No. Employer I.D. No.

CODE OF STATE REGULATIONS (l/3/92) Roy D. Blunt SCCrmy at slate

PART B: to be completed

1. 1. Current market value/sales
2. 2. Financial statements Annual Gross Revenues of Applicant
3. 3. Number of full time equivalent
4. 4. MASBDAApplicationfee($200.00)

5. 5. Summary of proposed (Note:Thesetermsmaybesubjecttoyourfurthernegotiation:ifnocommitmenthasbeenmade,stateyour present best estimate.):

   1. a. Interest rate amount
   2. b. Fixed
   3. c. If variable
   4. d. Length of loan:
   5. e. Repayment:

PART c: Certifications

InsubmittingthisApplicatio”, the following statements 1. The primary place of business of the Borrower 2. The Project will be located within 3. Neither the Borrower financing from following (describe

1. 4. None of the proceeds indebtedness

2. 5. (a) The Borrower will be able

   1. (b) The Borrower assistance business on a financially
   2. (c) The Borrower’s income from
   3. (d) ThegrantingoftheLoantotheBorrowerwiIIincreaseemploymentorhaveotherfavorableeffectsupo” the economic Describe any other
   4. (e) The Borrower

   5. (f) The Borrower and is of an inappropriate by Lender

      price of project

      for Applicant

      loan terms

rate is based on __

$ ~ per ~

of Borrower

I, theundersigned,asoron

and hereby certify and agree

nor any Related Person

the Authority, project or write none)

of the Loan shall be used

in whole or in part. working

has sufficient

from theAuthority’sSmal1 sound basis. past earnings the business of which

life of the community where favorable

does not intend is not an affiliate to be financed: received: during preceding

positions within Applicant: receivedandsubmittedherewith

% Of ~

with final payment on or before

is located with

the State of Missouri (as described

or any other source. with

capital, operating

to operate successfully capital in the business of which Business Loan Program,

record and future prospects the Project comprises

the Project

effects expected from

to use the proceeds or subsidiary of a business which

size as defined in the program $

fiscal year were: $

% (it variable, state what

or Variable (As example. “60% of years;

behalfof,theabovedescribed

that: the State of Missouri

below) has previously

regard to any project or facility,

for the refinancing or restructuring purposes or for inventory the business of which the Project comprises the Project comprises the Borrowerwill _. indicate an ability a part.

_.

is located.

the granting of the Loan:

for the purchase of agricultural is dominent summary. rate would be today.)

‘s prime months.

Borrower, haveread

_. _.

received tax-exempt except

of any existing

or supplies

a part, so that with

beabletooperatethe

to repay the Loan out of _. _.

_. _.

land.

in its field of operation _. 2 CSR 100-4

0 Yes

0 Yes

rate”.)

0 True 0 False 0 True 0 False

for the

_. 0 True a part. 0 True 0 False

(cid:144)I True 0 False

_. 0 True

_, 0 True

0 True

0 True 0 False

m

Page 2

0 NO

0 No

0 False

0 False

(cid:144)I False

0 False 2 CSR lOO-4-AGRICULTURE Division 100~-Missouri Agricultural and Small Business Development Authority

1. 6. The completion

   1. (a) Create new jobs If true, approximately TemporaryJobs
   2. (b) Increase Iftrue, howmucharerevenuesexpectedtoincreaseduringthenextfiscalyear:$
2. 7. The Borrower
3. 8. TheBorrowertogetherwith preceding

4. 9. (a) Thenumberofemployeesof as set forth by the Authority

   1. (b) The number of employees as set forth by the Authority
5. 10. TheBorroweragreesthattheLoanmaynotbeassumed MASBDA.
6. 11. TheBorrowerhaspreparedanddeliveredtheApplicafionforaLoanto Authority’sbond purposes set forth Borrower has provided
7. 12. Neither the Borrower construction Borrower nor any Related Person has entered otherwise. commenced fabricationoracquisition of the Internal Revenue Code grandchild,orspouseoftheBorrower:acloseiyrelatedpartnershiporcorporationin togetherwith corporation
8. 13. The Borrower
9. 14. The actual useful Project is listed below also. (Ifthe Project comprises morethan of the Project in the State of Missouri how many new jobs will be created? Permanent

revenues for the Borrower

together with its affiliates itsaffiliatesdoesnothaveanaverageincomeafterFedera1

two years at an excess of 2 million dollars

. . . .._.._.____..................................,.,,....................................

(if andwhenissued in Chapter 348 of the Code of Missouri, in this Application nor any Related Person

of any part of the Project

in connection with on-site work in connection ofanyportion

any of the foregoing which holds more is not acquiring life (not the ACRS) of the Project does not exceed

Item

for which the Authority is requested

from a more modern or expanded

does not have a net worth

___.

Borrowerdoesnotexceedthesizestandardsrelatingtonumberemployed in accordance with applicable permitted does not exceed the size standards in accordance with applicable byanotherpersonwithoutthepriorapprovalofthe

bytheAuthority)forthepurposeof 1981, as amended. All of the information is true and complete. (as described to be financed with into any contract

the construction or acquisition with the construction offheProject.“Related includes, among others: a father, mother. brother,

relatives, has morethan 50% interest: or a closely

than 50% interest in the Borrower. the Project directly or indirectly

COSI

to make the Loan will:

.‘. Jobs

facility.

in excess of 6 million dollars

regulations. (Contact relating regulations. (Contact

befunded withtheproceedsofthe accomplishingthegovernmental

_. _. _.

below) has commenced the proceeds of the Loan, and neither or purchase agreement, of the Project or any part of the Project or any part thereof or off-site Person”asdefined in Section 103(b)(6)(C)

from a Related Person. the number of years onedepreciablecomponent. Actual Useful Life _.

_.

lncometaxesforthe

the Authority) to number employed the Authority)

any acquisition

installment thereof, Or

sister, grandparent. whichtheApplicant. related partnership Or

listed below. The ACRS listeachcomponentseparately):

N/A Page 3

0 True 0 False

0 True 0 False

0 True 0 False

0 True 0 False

(cid:144)1 True 0 False

the 0 True 0 False or the or

0 True 0 False 0 True 0 False life of the

ACRS Life

(l/3/92) Roy 0. Blunt Lcretaw or State PART D: Certification of Lender The undersigned 1. The Borrower Authority. 2. The Borrower

1. (a) The Borrower will be able
2. (b) The Borrower Authority’s
3. (c) The Borrower’s business of which
4. (d) ThegrantingoftheLoantotheBorrowerwillincreaseemploymentorhaveotherfavorableeffectsupontheeconomiclifeof the community where

1. 3. The Borrower 103(b)(6)(C) spouse of the Borrower: relative?.. hasmorethana50%interest;oracloselyrelatedpartnershiporcorporationwhich Borrower.
2. 4. AlloftheproceedsoftheLoan or property of a character
3. 5. TheproceedsoftheLoanwillnotbeusedtoprovideworkingcapitalorfinanceinventory,suppliesorotheroperatingexpenses for the Borrower indebtedness.
4. 6. TothebestoftheLender’s
5. 7. TheLender requeststheAuthoritytoissueandsel1 thereof.
6. 6. The Application Authority and complies or will comply with Person in connection
7. 9. TheLender hasnoton Bondforthepurposeof connection with
8. 10. The average maturity of the Loan will not exceed 120 percent of the average

Roy 0. Blunt (l/3/92) EeCretary or state Lender has read the following isa”Small BusineWasdefined

has presented evidence

hassufficient

Small Business Loan Program, past earnings the Project comprises

the Project

is not acquiring ofthelnternalRevenueCodeincludesamongothers:afather, a closely

subject

or any Related Person, and none of the proceeds of the Loan will be used to refinance

knowledge,eachofthecertificationsoftheBorrowersetforth

has been received and is being processed

with the Project. thedate hereof,andshall financingtheProject,financeorotherwiseadvancemoneystotheBorrowersoranyRelated

the Project. statements

satisfactory

to operate successfully capital in the business of which

record and future prospects a part.

is located.

the Project directly

related partnership

will beusedfortheacquisition,construction. to the allowance

the Project,

and hereby certifies

in Chapter348of

to the Lender the business of which

the Borrower will be able to operate

or indirectly

or corporation

for depreciation

its bondtotheLenderforthep”rposeoffinancingtheProjecttotheevtent

in accordance

financeorotherwise

notpriortotheadoption

Title:

Address:

Telephone: that:

theCodeof Missouri,

that: the Project comprises the Project comprises the business on a financially indicate an ability to repay

from a Related Person. mother, brother,sister,grandparent,grandchildor in which the Borrower,

reconstruction,equippingandinstallationof

under Section 167 of the Internal Revenue Code.

with the governmental advance moneystothe

bytheAuthorityofa

reasonably

( 2 CSR 100-4

1981, asamended, and the Rulesof

a part

a part, so that with assistance sound basis. the Loan out of income

“Related Person” as defined

together with any of the foregoing holdsmorethan50%interestinthe

any portion of existing

inthisApplicationistrueandcorrect.

program established Borrowersorany

resolution of intention toissuethe

expected economic life of the Project. ,

m

Page 4

the

from the

from the

in Section

land,

by the Related

Person in 2 CSR lOO-4-AGRICULTURE Division 100~-Missouri Agricultural and Small Business Development Authority