5036 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Notices

Commission meetings may be obtained

from the Superintendent, Acadia

National Park. Interested persons may

make oral/written presentations to the

Commission or file written statements.

Such requests should be made at least

seven days prior to the meeting to:

Superintendent, Acadia National Park,

PO Box 177, Bar Harbor, ME 04609–

0177; telephone (207) 288–5472.

Dated: January 23, 1997.

Paul F. Haertel,

Superintendent, Acadia National Park.

[FR Doc. 97–2620 Filed 1–31–97; 8:45 am]

BILLING CODE 4310–70–P

AGENCY FOR INTERNATIONAL

DEVELOPMENT

Housing Guaranty Program; Notice of

Investment Opportunity

The U.S. Agency for International

Development (USAID) has authorized

the guaranty of loans to the Banco

General S.A., Panama (the ‘‘Borrower’’)

as part of USAID’s development

assistance program. The proceeds of

these loans will be used to finance

shelter and shelter-related infrastructure

for the benefit of low-income families in

Panama. At this time, the Banco General

S.A. has authorized USAID to request

proposals from eligible lenders for a

loan under this program of $5.0 Million

U.S. Dollars (US$5,000,000). The name

and address of the Borrower’s

representative to be contacted by

interested U.S. lenders or investment

bankers (each, a ‘‘Lender’’), the amount

of the loan and project number are

indicated below:

Banco General S.A., Panama

Project No.: 525–HG–13;

Housing Guaranty Loan No.: 525–HG–

014 A03;

Amount: US$5,000,000;

Attention: Mr. Francisco Sierra, Vice

President—Treasury Banco General

S.A., Panama, (street address: Calle

Aquilino de la Guardia y Ave. 5ta B

Sur, Panama City, Panama);

Telex No.: 2733 General PG;

Telefax No.: 507/265–0215 (preferred

communication);

Telephone Nos.: 507/265–0231 or 507/

265–0234.

Interested Lenders should contact the

Borrower as soon as possible and

indicate their interest in providing

financing for the Housing Guaranty

Program. Interested Lenders should

submit their bids to the Borrower’s

representative by Tuesday, February 18,

1997, 12:00 noon Eastern Standard

Time. Bids should be open for a period

of 48 hours from the bid closing date.

Copies of all bids should be

simultaneously sent to the following:

Mr. Joseph M. Carroll, Chief, Office of

Democratic Governance, USAID, Unit

0949, APO AA 34002, c/o American

Embassy, Panama City, Panama,

(street address: Plaza Regency 2nd

Floor, Avenida Via Espana #1);

Telefax No.: 507/264–0104 (preferred

communication);

Telephone No.: 507/263–6011;

and

Mr. Lawrence Doc Odle, Regional

Housing and Urban Development

Office, Central America USAID/

RHUDO/Guatemala, Guatemala City,

Guatemala, Unit 3323, APO AA

34024;

Telefax No.: 502/332–0663;

Telephone No.: 502/332–0603;

Address: Mr. Peter Pirnie, Sr. Financial

Advisor, U.S. Agency for International

Development, Office of Environment

and Urban Programs, G/ENV/UP,

Room 409, SA–18, Washington, D.C.

20523–1822;

Telex No.: 892703 AID WSA;

Telefax No.: 703/875–4639 or 875–4384

(preferred communication);

Telephone No.: 703/875–4300 or 875–

4510.

For your information the Borrower is

currently considering the following

terms:

(1) Amount: U.S. $5.0 million.

(2) Term: 30 years.

(3) Grace Period: Ten years grace on

repayment of principal. (During grace

period, semi-annual payments of

interest only). If variable interest rate,

repayment of principal to amortize in

equal, semi-annual installments over the

remaining 20-year life of the loan. If

fixed interest rate, semi-annual level

payments of principal and interest over

the remaining 20-year life of the loan.

(4) Interest Rate: Alternatives of fixed

rate and variable rate are requested.

(a) Fixed Interest Rate: If rates are to

be quoted based on a spread over an

index, the Lender should use as its

index a long bond, specifically the 61⁄2%

U.S. Treasury Bond due November 15,

2026. Such rate is to be set at the time

of acceptance.

(b) Variable Interest Rate: To be based

on the six-month British Bankers

Association LIBOR, preferably with

terms relating to the Borrower’s right to

convert to fixed. The rate should be

adjusted weekly.

(5) Prepayment:

(a) Offers should include an option for

prepayment and mention prepayment

premiums, if any.

(b) Federal statutes governing the

activities of USAID require that the

proceeds of USAID-guaranteed loans be

used to provide affordable shelter and

related infrastructure and services to

below median-income families. In the

extraordinary event that the Borrower

materially breaches its obligation to

comply with this requirement, USAID

reserves the right, among its other rights

and remedies, to accelerate the loan at

par. It should be noted that since the

inception of the USAID Housing

Guaranty Program in 1962, USAID has

not exercised its right of acceleration.

(6) Fees: Offers should specify the

placement fees and other expenses,

including USAID fees, Paying and

Transfer Agent fees, out of pocket

expenses, etc. Lenders are requested to

include all legal fees in their placement

fee. Such fees and expenses shall be

payable at closing from the proceeds of

the loan.

(7) Closing Date: Approximately 30

days from selection of investor, if

possible, but not to exceed 60 days from

date of selection of Lender.

Selection of a Lender and the terms of

the loan are initially subject to the

individual discretion of the Borrower,

and thereafter, subject to approval by

USAID. Disbursements under the loan

will be subject to certain conditions

required of the Borrower by USAID as

set forth in agreements between USAID

and the Borrower.

The full repayment of the loans will

be guaranteed by USAID. The USAID

guaranty will be backed by the full faith

and credit of the United States of

America and will be issued pursuant to

authority in Section 222 of the Foreign

Assistance Act of 1961, as amended (the

‘‘Act’’).

Lenders eligible to receive the USAID

guaranty are those specified in Section

238(c) of the Act. They are: (a) U.S.

citizens; (2) domestic U.S. corporations,

partnerships, or associations

substantially beneficially owned by U.S.

citizens; (3) foreign corporations whose

share capital is at least 95 percent

owned by U.S. citizens; and, (4) foreign

partnerships or associations wholly

owned by U.S. citizens.

To be eligible for the USAID guaranty,

the loans must be repayable in full no

later than the thirtieth anniversary of

the disbursement of the principal

amount thereof and the interest rates

may be no higher than the maximum

rate established from time to time by

USAID.

Information as to the eligibility of

investors and other aspects of the

USAID housing guaranty program can

be obtained from:

Ms. Viviann Gary, Director, Office of

Environment and Urban Programs,
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Notices 5037

U.S. Agency for International

Development, Room 409, SA–18,

Washington, D.C. 20523–1822;

Fax Nos: 703/875–4384 or 875–4639;

Telephone: 703/875–4300.

Dated: January 27, 1997.

Michael G. Kitay,

Assistant General Counsel, Bureau for Global

Programs, Field Support and Research, U.S.

Agency for International Development.

[FR Doc. 97–2525 Filed 1–31–97; 8:45 am]

BILLING CODE 6116–01–M

DEPARTMENT OF JUSTICE

Antitrust Division

Proposed Final Judgment and

Competitive Impact Statement; United

States of America and the State of

Colorado v. Vail Resorts, Inc., Ralston

Resorts, Inc., and Ralston Foods, Inc.

Notice is hereby given pursuant to the

Antitrust Procedures and Penalties Act,

15 U.S.C. 16(b)–(h), that a proposed

Final Judgment, Stipulation, and

Competitive Impact Statement have

been filed with the United States

District Court for the District of

Colorado in United States and The State

of Colorado versus Vail Resorts, Inc.,

Ralston Resorts, Inc., and Ralston

Foods, Inc., Civ. Action No. 97–B–10.

The proposed Final Judgment is subject

to approval by the Court after the

expiration of the statutory 60-day public

comment period and compliance with

the Antitrust Procedures and Penalties

Act, 15 U.S.C. 16(b)-(h).

On January 3, 1997, the United States

and the State of Colorado filed a

Complaint seeking to enjoin a

transaction in which Vail Resorts, Inc.

(‘‘Vail’’) agreed to acquire Ralston

Resorts, Inc. (‘‘Ralston’’). Vail and

Ralston are the two largest owner/

operators of ski resorts in Colorado, and

this transaction would have combined

five ski resorts in Colorado. The

Complaint alleged that the proposed

acquisition would substantially lessen

competition in providing skiing to Front

Range Colorado skiers in violation of

section 7 of the Clayton Act, 15 U.S.C.

18.

The proposed Final Judgment orders

defendants to sell all of Ralston’s rights,

titles, and interests in the Arapahoe

Basin resort in Summit County,

Colorado to a purchaser who has the

capability to compete effectively in the

provision of skiing to Front Range

Colorado skiers at Arapahoe Basin. The

Stipulation also imposes a hold separate

agreement that, in essence, requires the

parties to ensure that, until the

divestiture mandated by the Final

Judgment has been accomplished,

Ralston’s Arapahoe Basin operations

will be held separate and apart from,

and operated independently of, Vail’s

assets and businesses. A Competitive

Impact Statement filed by the United

States describes the Complaint, the

proposed Final Judgment, and remedies

available to private litigants.

Public comment is invited within the

statutory 60-day comment period. Such

comments, and the responses thereto,

will be published in the Federal

Register and filed with the Court.

Written comments should be directed to

Craig W. Conrath, Chief, Merger Task

Force, Antitrust Division, 1401 H Street,

NW., Suite 4000, Washington, DC.

20530 (telephone: (202) 307–0001).

Copies of the Complaint, Stipulation,

proposed Final Judgment and

Competitive Impact Statement are

available for inspection in Room 215 of

the U.S. Department of Justice, Antitrust

Division, 325 7th Street, NW.,

Washington, DC 20530 (telephone: (202)

514–2481) and at the office of the Clerk

of the United States District court for the

District of Colorado, 1929 Stout Street,

Room C–145, Denver, Colorado 80294.

Copies of any of these materials may

be obtained upon request and payment

of a copying fee.

Constance K. Robinson,

Director of Operations, Antitrust Division.

In the United States District Court for

the District of Colorado

United States of America and the State of

Colorado, Plaintiffs, v. Vail Resorts, Inc.,

Ralston Resorts, Inc., and Ralston Foods,

Inc., Defendants.

Civil Action No. 97–B–10

Stipulation and Order

It is stipulated by and between the

undersigned parties, by their respective

attorneys, as follows:

1. The Court has jurisdiction over the

subject matter of this action and over

each of the parties hereto, and venue of

this action is proper in the District of

Colorado;

2. The parties stipulate that a Final

Judgment in the form hereto attached

may be filed and entered by the Court,

upon the motion of any party or upon

the Court’s own motion, at any time

after compliance with the requirements

of the Antitrust Procedures and

Penalties Act (15 U.S.C. 16), and

without further notice to any party or

other proceedings, provided that

plaintiff the United States has not

withdrawn its consent, which it may do

at any time before the entry of the

proposed Final Judgment by serving

notice thereof on defendants and by

filing that notice with the Court;

3. Defendants Vail and Ralston (as

defined in paragraphs II (A) & (B) of the

proposed Final Judgment attached

hereto) shall abide by and comply with

the provisions of the proposed Final

Judgment pending entry of the Final

Judgment, and shall, from the date of

the filing of this Stipulation, comply

with all the terms and provisions of the

proposed Final Judgment as through the

same were in full force and effect as an

order of the Court; provided, however,

that Ralston shall not be obligated to

comply with Section IV(A) of the

proposed Final Judgment unless and

until the closing of any transaction in

which Vail directly or indirectly

acquires all or any part of the assets or

capital stock of Ralston; and provided,

further, that Ralston shall be relieved of

its obligation to comply with Sections

IX (A) through (K) of the proposed Final

Judgment in the event that the Stock

Purchase Agreement among Vail

Resorts, Inc., Ralston Foods, Inc. and

Ralston Resorts, Inc., dated July 22,

1996 (the ‘‘Stock Purchase Agreement’’),

is terminated without consummation of

the transaction contemplated therein or

any variant of it; and provided, further,

that Ralston Foods, Inc. shall be relieved

of its obligation to comply with Sections

IV (A) through (G) and IX (A) through

(K) of the proposed Final Judgment

upon consummation of the transaction

contemplated by the Stock Purchase

Agreement.

4. Defendants shall not consummate

their transaction before the Court has

signed this Stipulation and Order;

5. Vail shall prepare and deliver

affidavits in the forms required by the

provisions of paragraphs A and B of

Section VII of the proposed Final

Judgment commencing no later than

January 23, 1997 and every thirty days

thereafter pending entry of the Final

Judgment;

6. In the event plaintiff United States

withdraws its consent, as provided in

paragraph 2 above, or if the proposed

Final Judgment is not entered pursuant

to this Stipulation, this Stipulation shall

be of no effect whatever, and the making

of this Stipulation shall be without

prejudice to any party in this or any

other proceeding;

7. The defendants represent that the

divestiture ordered in the proposed

Final Judgment can and will be made,

and that the defendants will later raise

no claims of hardship or difficulty as

grounds for asking the Court to modify

any of the divestiture provisions

contained therein.

8. All parties agree that this agreement

can be signed in multiple counterparts.

Dated: January 2, 1997.