1. (a) Executive Approval Required Pre-Closing. The Executive Director or authorized designee may approve amendments to loan terms prior to closing as described in paragraphs (1) - (6) of this subsection.

   1. (1) Extensions of up to six months to the loan closing date required in 10 TAC §13.11(e) of this chapter (relating to Post-Award Requirements) may be approved prior to closing. An Applicant must submit sufficient evidence documenting good cause, including but not limited to, documented delays caused by circumstances outside the control of the applicant or constraints in arranging a multiple fund source closing. An extension will not be available if an Applicant has:

      1. (A) Failed to timely begin or complete a process required to close; including, but not limited to:

         1. (i) The process of finalizing all equity and debt financing;
         2. (ii) The environmental clearance process;
         3. (iii) The due diligence processing requirements; or
      2. (B) Made changes to the Development that require significant additional underwriting by the Department without at least 45 days to complete the review.
   2. (2) Changes to the loan maturity date to accommodate the requirements of other lenders or to maintain parity of term may be approved prior to closing.
   3. (3) Extensions of up to 12 months to the Construction Completion date or date of receipt of a Closed Final Development Inspection Letter required in 10 TAC §13.11(g) of this chapter may be requested but generally are not approved prior to initial loan closing. Extensions under this paragraph are determined based on documentation that the extension is necessary to complete construction and that there is good cause for the extension.
   4. (4) Changes to the loan amortization or interest rate that cause the annual repayment amount to decrease less than 20%, or any changes to the amortization or interest rate that increase the annual repayment amount up to 20%, may be approved prior to closing.
   5. (5) Decreases in the Direct Loan amount, provided the decrease does not jeopardize the financial viability of the Development may be approved prior to closing, though the Development Owner may be subject to penalties as further described in 10 TAC §13.11 of this chapter (relating to Post-Award Requirements). Increases will not be approved unless the Applicant competes for the additional funding under an open NOFA.
   6. (6) Changes to other loan terms or requirements that would not require a Waiver, as necessary to facilitate the loan closing without exposing the Department to undue financial risk.
2. (b) Board Approval Required Pre-Closing. Board approval is necessary for any other changes prior to closing.

Source Note:The provisions of this §13.12 adopted to be effective January 1, 2020, 44 TexReg 8277.