§ 1786.31 Application procedure. Applications to make a prepayment pursuant to this subpart shall be submitted to RUS on such forms as RUS may prescribe in the following manner: ( a ) *Application.* Each borrower desiring to make a prepayment pursuant to this subpart shall submit an application to RUS. No application from a borrower will be accepted by RUS prior to the commencement of the application period. An application shall not be deemed submitted to RUS until it is received by RUS, and the “Date Received” has been inscribed on the Notice of Intent to Prepay the Federal Financing Bank by an authorized official of RUS. Incomplete applications may be returned to the borrower at the discretion of RUS and thereafter must be resubmitted in order to be processed. To be considered complete, the application should include the following: ( 1 ) “Notice of Intent to Prepay the Federal Financing Bank” in the form specified in § 1786.33 hereof;
( 2 ) A listing of each FFB loan advance to be prepaid by loan designation, RUS note number, RUS account number, advance date, maturity date, original amount, outstanding balance, and interest rate;
( 3 ) Evidence that the borrower meets the qualification provisions of § 1786.28(a) of these regulations;
( 4 ) The certification set forth in part A of the Notice of Intent to Prepay the Federal Financing Bank executed by the chief executive officer of the borrower;
( 5 ) In the event that a borrower submits a prepayment application which proposes to utilize a portion of the financially distressed borrowers' reserve, a certification signed by the chief executive officer of the system to the effect that the borrower is either ( i ) in default or near default on interest or principal payments due on loans made or guaranteed under the RE Act, and is making a good faith effort to increase rates and reduce costs to avoid or mitigate default; or
( ii ) participating in a work out or debt restructuring plan with RUS, either as the borrower being restructured or as a borrower providing assistance as part of the work out or restructuring and stating why the borrower is in default or near default.
( b ) *Election of Method of Prepayment.* Prior to requesting RUS to schedule a settlement date, the borrower shall ( 1 ) elect whether it will use a private loan, internally generated funds, or a combination of a private loan and internally generated funds to make the prepayment, by completing part C of its Notice of Intent to Prepay the Federal Financing Bank;
( 2 ) specify in part C of the Notice of Intent to prepay the Federal Financing Bank a date after which a prepayment closing may be scheduled;
( 3 ) if appropriate, execute the certification set forth in part C of the Notice of Intent to Prepay the Federal Financing Bank; and
( 4 ) return a completed copy of the Notice of Intent to Prepay the Federal Financing Bank to the RUS area office.
( c ) *Final Documentation.* All documentation in connection with a proposed prepayment made pursuant to this subpart shall have been submitted to RUS in final form, no later than 5 business days prior to the settlement date agreed to by the borrower and RUS. To be considered complete, the final documentation shall include the following material: ( 1 ) A completed copy of the Notice of Intent to Prepay the Federal Financing Bank;
( 2 ) In the event that a borrower proposes to utilize a private loan in connection with a prepayment or a portion of a prepayment, ( i ) Evidence, in form and substance satisfactory to RUS, that the borrower has an irrevocable commitment from the lender to close the private loan on the settlement date at an interest rate that meets the requirements of § 1786.28(c)(1);
( ii ) Evidence that the lender meets the qualification provisions of § 1786.28(b);
( iii ) Evidence that the private loan meets the qualification provisions of § 1786.28(c); and
( iv ) The final documentation for the private loan;
( 3 ) Estimate of fees, and expenses, including any taxes, in connection with the prepayment transaction;
( 4 ) A certified copy of a resolution of the board of directors of the borrower approving the certification cited above and requesting RUS approval of the prepayment.
( 5 ) In the case of financially distressed borrowers, evidence in form and substance satisfactory to the Administrator that the benefits of prepayment will not be used to reduce rates and that any Federal or state regulatory body having jurisdiction over the borrower's rates has acknowledged its awareness of this requirement;
( 6 ) In the event that borrower is unable to deliver final documentation or the evidence specified in accordance with, § 1786.31(c), RUS may reschedule the settlement date at its discretion.
(Approved by the Office of Management and Budget under control number 0572-0088)