123-018-0010 Definitions For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001 as used in this division of administrative rules, the following definitions apply, unless the context requires otherwise: (1) "Agreement" means a contract between a Financial Institution and the Department authorizing the Financial Institution to participate in the Program as required under ORS 285B.113. (2) "Borrower" means a Qualified Business, including but not limited to a corporation, partnership, limited liability company, joint venture, sole proprietorship, cooperative, or non-profit corporation, that has received a Qualified Loan from a Participating Financial Institution. The borrower, or any principal of the borrower, may not be an executive officer, director, or principal shareholder of the financial institution lender; a member of the immediate family of such executive officer, director or principal shareholder; or a related interest to any of the above. The terms “executive officer”, “director”, “principal shareholder”, “immediate family”, and “related interest” are described in 12 C.F.R. part 215. (3) "Brownfield" means any real property where expansion or redevelopment is complicated by actual or perceived environmental contamination. (4) "Department" means the State of Oregon Business Development Department under ORS Chapter 285A. (5) "Distressed Area" means a geographic area so designated as described in division 024 of these administrative rules. (6) "Enrolled Loan" means a Qualified Loan enrolled in the Program as described in OAR 123-018-0080, including but not limited to a term loan or line of credit. (7) "Environmental action” on a brownfield(s) means activities undertaken to: (a) Determine if a release has occurred, or may occur, if the release or potential release poses a significant threat to human health or the environment, or if additional remedial actions may be required at the site; (b) Conduct a remedial investigation and a feasibility study; (c) Plan for remedial action or removal; or (d) Conduct a remedial action or removal action at a site. (8) "Fund" means the Capital Access Fund in the State Treasury under ORS 285B.109. (9) "Loss" means any principal amount due and not paid, accrued interest due and not paid, and actual and necessary, documented out-of-pocket collection expenses at the time the Participating Financial Institution determines, in a manner consistent with its standard lending and loan loss criteria and normal method for making such determinations, that an Enrolled Loan is uncollectible and is to be charged off as a loss. The amount of principal and interest included in the Loss shall not exceed the principal amount of the Enrolled Loan, plus accrued and unpaid interest on covered principal amount from the date the Qualified Loan is made. (10) "Loss Reserve Account" means an account in the State Treasury or any Financial Institution that is established and maintained by the Department for the benefit of a Financial Institution participating in Program. (11) "Participating Financial Institution" means a Financial Institution that has executed an Agreement with the Department to participate in the Program, has enrolled one or more qualified loans, and has adequate capacity, as determined by the Department, to underwrite and monitor business-purpose loans. (12) "Primary Economic Effect" means the majority of economic benefit resulting from a business activity. A business's Primary Economic Effect is in a particular geographic location if either at least 51 percent of the business's total revenues are generated, or at least 51 percent of the business's total jobs are created or retained, in that location. (13) “Principal” in regards to a Borrower is defined as: (a) If a sole proprietorship, the proprietor; (b) If a partnership, each managing partner and each partner who is a natural person and holds a twenty percent (20%) or more ownership interest in the partnership; and (c) If a corporation, limited liability company, association or a development company, each director, each of the five most highly compensated executives or officers of the entity, and each natural person who is a direct or indirect holder of twenty percent (20%) or more of the ownership stock or stock equivalent of the entity. (14) “Principal” in regards to a Lender is defined as: (a) If a sole proprietorship, the proprietor; (b) If a partnership, each partner; and (c) If a corporation, limited liability company, association or a development company, each director, each of the five most highly compensated executives, officers or employees of the entity, and each direct or indirect holder of twenty percent (20%) or more of the ownership stock or stock equivalent of the entity. (15) "Program" means the Capital Access Program authorized by ORS 285B.109 to 285B.119. (16) "Qualified Business" means any person, conducting business for profit or not for profit, which is authorized to conduct business in the State of Oregon. (17) "Qualified Loan" means a loan or portion of a loan made by a Participating Financial Institution to a Qualified Business for any business activity that has its Primary Economic Effect in Oregon. The term does not include a loan or portion of a loan used for any of the following purposes: (a) The purchase of owner-occupied residential housing or for the construction, improvement, or purchase of residential housing that is owned or to be owned by the Borrower; (b) The purchase of real property that is intended for resale or not used for the business operations of the Borrower; (c) Refinance of the balance of an existing loan that is not an Enrolled Loan. Any portion of the loan used for a qualified purpose (i.e., that is in excess of the balance of an existing loan that is not an Enrolled Loan) may be eligible to be enrolled. (d) The purchase of securities; (e) Lobbying activities; (f) Repayment of delinquent federal or state income taxes unless the Borrower has a payment plan in place with the relevant taxing authority; (g) Repayment of taxes held in trust or escrow; (h) Reimbursement of funds owed to any owner, including any equity injection or injection of capital for the business’ continuance; (i) Purchase of any portion of the ownership interest of any owner of the business; or (j) Refinance of any portion of a loan enrolled in another state or federal credit enhancement or credit insurance program. (k) The term also does not include a loan where any Principal of the Borrower has been convicted of a sex offense against a minor as such terms are defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 285A.075, 285B.115(3) & 285B.117(4) Statutes/Other Implemented: ORS 285B.109 - 285B.119 History: OBDD 6-2012, f. & cert. ef. 6-1-12 OBDD 9-2011(Temp), f. & cert. ef. 12-19-11 thru 6-15-12 OBDD 13-2010, f. 4-30-10, cert. ef. 5-1-10 EDD 22-2008, f. 7-31-08, cert. ef. 8-1-08 EDD 6-2008(Temp), f. & cert. ef. 3-4-08 thru 8-1-08 Reverted to EDD 8-2005, f. & cert. ef. 10-24-05 EDD 8-2007(Temp), f. & cert. ef. 9-4-07 thru 2-29-08 EDD 8-2005, f. & cert. ef. 10-24-05 EDD 9-1998, f. & cert. ef. 5-22-98 Reverted to EDD 9-1994, f. 5-27-94, cert. ef. 6-1-94 EDD 10-1997(Temp), f. & cert. ef. 10-7-97 EDD 9-1994, f. 5-27-94, cert. ef. 6-1-94 EDD 1-1994(Temp), f. & cert. ef. 1-11-94 EDD 11-1992, f. & cert. ef. 8-18-92 Reverted to EDD 3-1991, f. & cert. ef. 4-17-91 EDD 15-1991(Temp), f. & cert. ef. 10-31-91 EDD 3-1991, f. & cert. ef. 4-17-91 EDD 27-1990(Temp), f. & cert. ef. 10-16-90