Credit Enhancement Practices
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3354:1-20-07.1 Tax-Exempt Debt Compliance Procedure
3354:1-20-07.1 Tax-Exempt Debt Compliance Procedure (A) Tax-Exempt Debt The use of tax-exempt debt plays an important role in funding a significant portion of the College’s capital projects. As a result, the College realizes the importance of complying with federal and institutional requirements regarding the issuance and ongoing management of its tax-exempt debt. This procedure is intended to define compliance practices including compliance actions, records management, and process continuity within the Administration and Finance Department. (B) Definitions Post-Issuance Debt Compliance: The activities undertaken following the issuance of tax-exempt debt in order to comply with federal guidelines. Failure to comply with federal guidelines could potentially render the interest of debt as taxable to investors. Tax-Exempt Debt (Bonds) Issued by the College: Debt issued and managed (1) by the College; or (2) by a State authority at the request of the College and for which the College pays its pro-rata share of the debt service. (C) Maintaining Tax-Exempt Status Tax-exempt bonds are valid debt obligations used by the College to finance construction of facilities, permanent improvements, and to receive funds in anticipation of the collection of tax receipts. This tax-exempt status remains throughout the life of the debt provided that all applicable federal tax laws are satisfied. Post-issuance tax compliance begins with the debt issuance process itself and provides for a continuing focus on investments of debt proceeds and use of debt-financed property. In order to maintain the debt status as tax-exempt, the College must comply with post-issuance debt requirements. -
In Chart 1, Our Benchmarking Shows That Many Companies Significantly
October 2015 In Chart 1, our benchmarking shows that many companies significantly underestimate the risk of a default to their company compared to S&P’s experience of its ratings’ default rates. Also, it is our experience that many companies trivialize a technical default, thinking it is of no real consequence. Legally, any default is a default, and starts a chain of consequences that is hard to control, as Chart 2 shows. Borrowers have a legal obligation to review their compliance with all of their covenants of all of their debt agreements on at least a quarterly basis. In addition, to justify classifying the debt as long-term per ASC 470-10, companies must verify that the debt has no covenant violations, no matter how insignificant. For public companies, such verification is a necessary SOX control. Some 80% of the 350 companies who reported complying with Sarbanes-Oxley in the 2012 AFP Debt Compliance Benchmarking done with DCS, and in our 2015 Debt Compliance Benchmarking, include debt compliance as an explicit part of their SOX process. Please see Chart 3. Charts 4 and 5 show the magnitude of the task: there are many covenants that can only be adequately reviewed by Subject Matter Experts (SMEs) outside of Treasury. Yet for many companies, debt compliance is an insular, silo process within Treasury. Fully 50% of the companies in both studies did not have a debt compliance policy. Lacking a policy can have these consequences: 1. An incomplete and inadequate process with no debt compliance objectives, no assignment of responsibilities, and no documentation of compliance 2. -
FFMSR-6 Guaranteed Loan System Requirements
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APPLICATION for LOAN GUARANTEE (Business and Industry and Rural Energy of America Programs)
Form RD 4279-1 Position 3 FORM APPROVED (Rev. 10-08) OMB No. 0570-0017 UNITED STATES DEPARTMENT OF AGRICULTURE OMB No. 0570-0067 RURAL DEVELOPMENT APPLICATION FOR LOAN GUARANTEE (Business and Industry and Rural Energy of America Programs) Section 1001 of Title 18, United States Code provides: “Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifi es, conceals or covers up by any trick, scheme, or device a material fact or makes any false, fi citious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fi citious or fraudulent statement or entry shall be fi ned under this title or imprisoned not more that fi ve years or both. CERTIFICATION: Information contained below and in attached exhibits is true and complete to my best knowledge. (Misrepresentation of material facts may be the basis for denial of credit by the United States Department of Agriculture (“USDA”) .) PART A: Completed By Borrower 1. AMOUNT OF LOAN 2. NAME OF BORROWER(S) 3. ADDRESS (Include Zip Code) $ 4. CONTACT PERSON 5. TELEPHONE NUMBER (Include Area Code) 6. TAX ID# OR SOCIAL SECURITY# FOR ( ) INDIVIDUALS 7. PROJECT LOCATION (Town/City) 8. POPULATION9. COUNTY 10. TYPE OF BORROWER 11. NASIC Proprietorship Cooperative CODE 12. DATE BUSINESS ESTABLISHED 13. DUNS Number Partnership Indian Tribe Corporation Political Subdivision 14. a. THIS PROJECT IS 15. IF BORROWER IS AN INDIVIDUAL 16. HAS BORROWER OR RELATED INDI- (Item 10 checked proprietorship) VIDUAL EVER BEEN IN RECEIVERSHIP An expansion New Business OR BANKRUPTCY? YES NO A. -
AFP Guide Negotiating and Complying with Credit Agreements
AFP Guide Negotiating and Complying with Credit Agreements In collaboration with AFP Guide Negotiating and Complying with Credit Agreements Contents Introduction 1 What’s Driving the Interest in Renegotiation 2 Sidebar: Factors Driving Interest in Renegotiation 2 Knowing When it’s Time to Renegotiate 3 Sidebars: What Internal Factors Spark a Renegotiation 3 Rethink the Bank Groups 3 Understanding the Risk-Reward Tradeoff 4 Sidebar: Where the Pushback Occurs 4 Meeting the Compliance Challenge 4 Sidebars: What to Do When Facing a Potential Violation 6 Compliance Takeaways 7 The Role of Lawyers 7 Conclusion and Best Practices 7 Case Studies 9 Greif, Inc. 9 Scotts Miracle Gro 10 Natural Resources 11 Company The Carlyle Group 12 Granite Construction 12 AFP Guide Negotiating and Complying with Credit Agreements AFP Guide Negotiating and Complying with Credit Agreements Introduction For many U.S. companies, the pressure is on to review and renegotiate their credit facilities. Here’s why: • Interest rates have already began to inch upward. • There’s rising demand for credit because of an M&A surge and relatively cheap debt. • Banks are readying themselves for the onset of Basel III capital and liquidity regulations. As a result, many practitioners report that their banks are urging them to review and potentially reopen credit facilities, even if they’re not due for some time, in order to lock in advantageous terms. Interviews with bankers, consultants, lawyers and many practitioners confirm this trend. While credit agreements are a perennial issue for treasurers, they are more top of mind now. As companies look to renegotiate existing agreements or put in place new ones, they need to keep certain things in mind. -
Dod Financial Management Regulation Volume 12, Chapter 4 4
DoD Financial Management Regulation Volume 12, Chapter 4 CHAPTER 4 CREDIT MANAGEMENT 0401 OVERVIEW 040101. Purpose. This chapter establishes the policy and procedures for credit management within the Department of Defense. The polices and procedures for credit programs reflect the requirements of the Federal Credit Reform Act of 1990. The Federal Credit Reform Act of 1990 is found at Title V of the Congressional Budget Act of 1974, as amended by section 13201 of the Omnibus Budget Reconciliation Act of 1990. The major purposes of the Act are to: • measure more accurately the costs of credit programs; • place the cost of credit programs on a budgetary basis equivalent to other Federal spending; • encourage the delivery of benefits in the form most appropriate to the needs of beneficiaries; and • improve the allocation of resources among credit programs and between credit and other spending programs. 040102. General. The policies set forth in this chapter apply to direct loan obligations and loan guarantee programs. The chapter provides implementing guidance for “Credit Apportionment and Budget Execution,” found within the Office of Management and Budget (OMB) Circular No. A-34. It also implements “Accounting for Direct Loans and Loan Guarantees,” Statement of Federal Financial Accounting Standards Number 2. 0402 STANDARDS 040201. Explanation. The specific accounting standards for each category type of loans, are discussed in the subsequent sections of this Volume. These standards concern the recognition and measurement of direct loans, the liability associated with loan guarantees, and the cost of direct loans and loan guarantees. (Figure 4-1 and 4-2 provides examples the credit refortm cash flows for direct and guaranteed loans) The standards apply to direct loans and loan guarantees on a group basis, such as a cohort or a risk category, Section 0410 Credit Reform Accounts and Definitions, provides definitions for these categories. -
Chapter 9: Income Analysis 7 Cfr 3555.152
HB-1-3555 CHAPTER 9: INCOME ANALYSIS 7 CFR 3555.152 9.1 INTRODUCTION The lender is responsible to confirm applicants and households meet eligibility criteria for the Single Family Housing Guaranteed Loan Program (SFHGLP). Lenders must calculate and document annual, adjusted, and repayment income. The guidance provided applies to both manually underwritten loans and loans that utilize the Agency’s automated underwriting system, GUS. SECTION 1: ELIGIBILITY INCOME 9.2 OVERVIEW The SFHGLP assists very-low, low, and moderate-income households. Therefore, the lender must certify that any household that requests a loan guarantee does not exceed the adjusted annual income threshold for the applicable state and county where the dwelling is located. The Agency provides income eligibility information in Appendix 5 of this Handbook to lenders and updates the limits as they are revised. This section assists lenders to analyze income types, complete income calculations (annual, adjusted, and repayment), and document the income with acceptable verifications. Documentation of income calculations should be provided on Attachment 9-B, or the Uniform Transmittal Summary, (FNMA FORM 1008/FREDDIE MAC FORM 1077), or equivalent. Attachment 9-C provides a case study to illustrate how to properly complete the income worksheet. A public website is available to assist in the calculation of annual and adjusted annual income at: http://eligibility.sc.egov.usda.gov/eligibility/. 9.3 ANNUAL INCOME [7 CFR 3555.152(B)] Annual income will include all eligible income sources from all adult household members, not just parties to the loan note. The annual income for the household will be used to calculate the adjusted annual household income. -
The Role of Public Debt Managers in Contingent Liability Management
THE ROLE OF PUBLIC DEBT MANAGERS IN CONTINGENT LIABILITY MANAGEMENT SELECTED COUNTRY PRACTICES This document is published as an annex to an OECD working paper on "The role of public debt managers in contingent liability management".1 It presents the contingent liability management frameworks and practices in seven countries – Brazil, Denmark, Iceland, Mexico, South Africa, Sweden and Turkey – that are members of the OECD Task Force on Contingent Liabilities and Public Debt Management.2 These country cases provide detailed information on the: organisational structure of the Debt Management Office (DMO) main sources of contingent liabilities role of the DMO in the area of contingent liabilities – management, measurement, monitoring and reporting. The experiences of public debt managers in task force countries shed light on the different implementation and policy frameworks. These differences underline the difficulty of advising on a single set of roles for public debt managers. 1 "The role of public debt managers in contingent liability management", OECD Working Papers on Sovereign Borrowing and Public Debt Management, No. 8, OECD Publishing, Paris. DOI: http://dx.doi.org/10.1787/93469058-en. 2 The OECD Working Party on Public Debt Management (WPDM) created a task force on Contingent Liabilities and Public Debt Management to report on country practices. The Members of the OECD task force are: Taşkın Temiz (Task Force Chair) and Fatih Kuz from the Turkish Treasury; Jose Franco Medeiros de Morais André Proite, Giovana Leivas Craveiro and Luiz Fernando Alves from the National Treasury of Brazil; Claus Johansen, Jacob Stæhr Wellendorph Ejsing and Nicolaj Hamann Christensen from Danmarks Nationalbank; Hákon Zimsen and Hafsteinn Hafsteinsson, from the Central Bank of Iceland; Jesus Ramiro Del Valle Rodriguez and Alejandro Diaz de Leon Carrillo from the Mexican Treasury; Mkhulu Maseko and Anthony Julies from the South African Treasury; Kritoffer Ekström and Eva Cassel from the Swedish National Debt Office (SNDO). -
SUSTAINABLE Foundation Financial Results (Millions of Dollars) 2013 2012
2013 Annual Report CREATING A SUSTAINABLE FOunDatiON FINANCIAL Results (millions of dollars) 2013 2012 Revenues 3,752.8 3,624.3 Gross profit 868.8 846.3 (1) EBITDA from operations 284.4 289.4 (1) Adjusted operating cash flow before restructuring costs 207.6 200.4 (1) Adjusted operating cash flow after restructuring costs 192.3 190.4 Net earnings 52.7 90.0 Dividends 73.7 67.1 (dollar per basic share except shares outstanding) (1) EBITDA from operations 2.31 2.59 (1) Adjusted operating cash flow before restructuring costs 1.69 1.79 (1) Adjusted operating cash flow after restructuring costs 1.56 1.70 Net earnings 0.43 0.80 Dividends 0.60 0.60 Weighted average shares outstanding (millions) 123.1 111.9 FINANCIAL POSITION (millions of dollars) 2013 2012 Total assets 2,141.1 2,032.1 Total liabilities 1,600.9 1,657.7 Net capital expenditures 71.9 39.3 Acquisitions 11.9 5.5 (2) Senior debt 578.7 489.6 (2) Total debt 1,073.2 1,181.1 (3) Senior debt/Compliance EBITDA 2.2x 1.9x (3) Total debt/Compliance EBITDA before restructuring costs 3.9x 4.3x (3) Total debt/Compliance EBITDA after restructuring costs 4.1x 4.5x (1) Earnings before interest, taxes, depreciation and amortization (EBITDA), EBITDA from operations and adjusted operating cash flow (AOCF) are not recognized financial measures under International Financial Reporting Standards (IFRS). See Superior’s Management’s Discussion and Analysis, “Non-IFRS Financial Measures” for additional details. (2) Senior debt and total debt are stated before deferred issue costs. -
Loan Guarantee Program
SSBCI PROGRAM PROFILE: LOAN GUARANTEE PROGRAM May 17, 2011 State Small Business Credit Initiative (SSBCI) U.S. Department of the Treasury LOAN GUARANTEE PROGRAM State Small Business Credit Initiative What is a Loan Guarantee Program? A Loan Guarantee Program enables small businesses to obtain term loans or lines of credit to help them grow and expand their businesses. The program provides a lender with the necessary security, in the form of a partial guarantee, for the lender to approve a loan or line-of-credit. What are the Credit and Loan Characteristics? Like all credit programs, a Loan Guarantee Program can be tailored to meet a state’s objectives. The table below describes key credit and loan characteristics that should be considered when designing a Loan Guarantee Program. Characteristics Description What kinds of borrowers • Determined by each state and may target specific industries, regions are eligible to and/or types of businesses, depending on the state’s objectives. participate? • Under SSBCI, lenders should target an average borrower size of 500 employees or less and not exceed a maximum borrower size of 750 employees. In practice, small businesses are typically much smaller than 500 employees. • Corporations, partnerships, and sole proprietorships are eligible, including non-profits and cooperatives. • SSBCI Policy Guidelines provide specific guidance on certain borrowers who are prohibited from participating in this program. What sizes of loans are • Under SSBCI, should target an average principal amount of $5 million or eligible? less and cannot exceed $20 million on any individual loan. In practice, the average small business loan is typically much less than $5 million. -
Public Sector Duplication of Small Business Administration Loan And
PUBLIC SECTOR DUPLICATION OF SMALL BUSINESS ADMINISTRATION LOAN AND INVESTMENT PROGRAMS: AN ANALYSIS OF OVERLAP BETWEEN FEDERAL, STATE, AND LOCAL PROGRAMS PROVIDING FINANCIAL ASSISTANCE TO SMALL BUSINESSES Final Report January 2008 Prepared for: U.S. Small Business Administration Prepared by: Rachel Brash The Urban Institute 2100 M Street, NW ● Washington, DC 20037 Public Sector Duplication of Small Business Administration Loan and Investment Programs: An Analysis of Overlap between Federal, State, and Local Programs Providing Financial Assistance to Small Businesses Final Report January 2008 Prepared By: Rachel Brash The Urban Institute Metropolitan Housing and Communities Policy Center 2100 M Street, NW Washington, DC 20037 Submitted To: U.S. Small Business Administration 409 Third Street, SW Washington, DC 20416 Contract No. GS23F8198H UI No. 07112-020-00 The Urban Institute is a nonprofit, nonpartisan policy research and educational organization that examines the social, economic, and governance problems facing the nation. The views expressed are those of the authors and should not be attributed to the Urban Institute, its trustees, or its funders. Public Sector Duplication of SBA Loan and Investment Programs i CONTENTS INTRODUCTION ..........................................................................................................................1 BACKGROUND............................................................................................................................2 Definition of Duplication ...........................................................................................................2 -
Post Issuance Debt Compliance Policy.Pdf
Roseville Finance Commission Agenda Item Memo To: Roseville Finance Commission From: Michelle Pietrick, Finance Director Date: January 12, 2021 Re: Item #5: Review Post Issuance Debt Compliance Policy Background The Government Finance Officers Association (GFOA) recommends that issuers of bonds or other debt obligations should develop and adopt formal, written post-issuance compliance policies and procedures to assist in meeting compliance requirements and in preventing, identifying and correcting possible violations that might occur during the term that bonds are outstanding. Issuers should revisit these policies and procedures at least every three years or as directed by the municipal advisor when there are significant legal or regulatory changes. We issued general obligation bonds in December 2020 to refinance the 2011 outstanding bond issue and to finance water improvements in the next three years. As part of the process for issuing bonds, our municipal advisor Ehlers, requested copies of our policies. The City of Roseville had not previously adopted a Post Issuance Debt Compliance Policy. Attachment A is the draft Post Issuance Debt Compliance Policy which is consistent with the policy used by other cities. Ehlers has reviewed it to insure we have adequately included all the appropriate regulatory requirements. Attachment B is the draft Post Issuance Debt Compliance Procedures. These procedures are consistent with those used by other cities. This is brought to the Finance Commission for their review and discussion. It will go to the City Council on January 25, 2021. Staff Recommendation Accept the Post Issuance Debt Compliance Policy and procedures. Requested Commission Action The Commission is asked to approve the attached Post Issuance Debt Compliance Policy and Procedures which will then be forwarded to the City Council for formal adoption.