1. (a) Applications for a credit enhancement under RSA 162-A:13 shall be made by the private financial institution.

2. (b) Such applications shall provide the following information:

   1. (1) The name and address of private financial institution;
   2. (2) An identification of private financial institution;
   3. (3) The form and ownership of private financial institution;
   4. (4) A financial statement or statements, prepared by an independent accountant, of private financial institution;
   5. (5) A certification stating compliance by the business or project with the Americans With Disabilities Act and Equal Opportunity Act;
   6. (6) The name and address of the borrower;
   7. (7) The name and address of project(s) involved in the transaction;
   8. (8) The line(s) of business(es) involved in the transaction;
   9. (9) The background on management of business or project;
   10. (10) The background of all parties to transaction;

   11. (11) A description of transaction, including the following:

       1. a. Project start date;
       2. b. Project completion date; and
       3. c. Projected productivity improvements;
   12. (12) An analysis of sources and uses of funds financing each specified purpose of the transaction;
   13. (13) A discussion of principal factors that make the transaction speculative or one of high risk;
   14. (14) A description of material legal proceedings affecting business or project;
   15. (15) A statement as to the accounting treatment of transaction;
   16. (16) A disclosure of all persons who will directly or indirectly receive proceeds of this transaction as compensation for services;
   17. (17) A description of the material terms of the proposed transaction involving authority funds or resources;

   18. (18) A summary of material terms of the following items involved with transaction:

       1. a. Loan agreements;
       2. b. Lease agreements;
       3. c. Acquisition agreements;
       4. d. Security agreements; and
       5. e. Guarantee agreements;
   19. (19) A description of the private financial institution's ability to monitor the performance of the project;
   20. (20) An identification of primary and secondary sources of repayment;
   21. (21) A cash flow analysis;
   22. (22) The copies of professional appraisals of collateral;
   23. (23) The appraisal required by Bfa 301.02(f);
   24. (24) An environmental site assessment if real estate is involved;
   25. (25) The financial statements, prepared by an independent accountant, for the business or project for 3 years prior to current year;

   26. (26) A certification by the borrower of the following:

       1. a. The borrower is duly organized, validly existing and in good standing under the laws of the state;
       2. b. The borrower is not in violation of any term of its articles of incorporation or by-laws;
       3. c. The borrower is not in violation of any term of any mortgage, loan agreement, or indenture to which it is a party or by which it is bound; and
       4. d. The borrower is not in violation of any term of any other agreement, instrument, judgment, decree, order, statute, rule, or governmental regulation;

   27. (27) A statement identifying the following:

       1. a. The ways the transaction serves a public use and provides a public benefit;
       2. b. The ways the transaction promotes the social welfare and economic prosperity of the area and the general welfare of New Hampshire citizens;
       3. c. The ways the transaction promotes development of business activities, creates or preserves employment opportunities, or protects physical environment; and
       4. d. Why the guarantee will contribute significantly to the success of the transaction;
   28. (28) The number of employment positions current, created, preserved and projected;
   29. (29) The number of current full-time employees and part-time employees; and
   30. (30) The estimated wage levels of current and projected jobs.
3. (c) In the event the requested information cannot be provided, a detailed explanation of the reason why the requested information cannot be provided shall be included in said application.

Source. (See Revision Note at chapter heading for Bfa 100) #5719, eff 10-13-93