10 CFR 611.100 - Eligible applicant.

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§ 611.100 Eligible applicant.
(a) In order to be eligible to receive a loan under this part, an applicant
(1) Must be either—
(i) An automobile manufacturer that can demonstrate an improved fuel economy as specified in paragraph (b) of this section, or
(ii) A manufacturer of a qualifying component; and
(2) Must be financially viable without receipt of additional Federal funding associated with the proposed eligible project.
(b) Improved fuel economy. (1) If the applicant is an automobile manufacturer that manufactured in model year 2005, vehicles subject to the CAFE requirements, the applicant must demonstrate that its adjusted average fuel economy for its light-duty vehicle fleet produced in the most recent year for which final CAFE compliance data is available, at the time of application, is greater than or equal to the adjusted average fuel economy of the applicant's fleet for MY 2005, based on the MY 2005 final CAFE compliance data.
(2) If the applicant is an automobile manufacturer that did not manufacture in model year 2005, vehicles subject to the CAFE requirements, the applicant must demonstrate that the projected combined fuel economy for the relevant the advanced technology vehicle that is the subject of the application is greater than or equal to the industry adjusted average fuel economy for model year 2005 of equivalent vehicles, based on final CAFE compliance data.
(3) The CAFE values under this paragraph are to be calculated using the CAFE procedures applicable to the model year being evaluated.
(4) An applicant must provide fuel economy data, at the model level, relied upon to make the demonstration required by this section.
(5) An applicant that is a manufacturer of a qualifying component under paragraph (a)(1)(ii) of this section does not need to make a showing of improved fuel economy under this paragraph.
(c) In determining under paragraph (a)(2) of this section whether an applicant is financially viable, the Department will consider a number of factors, including, but not limited to:
(1) The applicant's debt-to-equity ratio as of the date of the loan application;
(2) The applicant's earnings before interest, taxes, depreciation, and amortization (EBITDA) for the applicant's most recent fiscal year prior to the date of the loan application;
(3) The applicant's debt to EBITDA ratio as of the date of the loan application;
(4) The applicant's interest coverage ratio (calculated as EBITDA divided by interest expenses) for the applicant's most recent fiscal year prior to the date of the loan application;
(5) The applicant's fixed charge coverage ratio (calculated as EBITDA plus fixed charges divided by fixed charges plus interest expenses) for the applicant's most recent fiscal year prior to the date of the loan application;
(6) The applicant's liquidity as of the date of the loan application;
(7) Statements from applicant's lenders that the applicant is current with all payments due under loans made by those lenders at the time of the loan application; and
(8) Financial projections demonstrating the applicant's solvency through the period of time that the loan is outstanding.
(d) . For purposes of making a determination under paragraph (a)(2) of this section, additional Federal funding includes any loan, grant, guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect assistance from the Federal government, or any agency or instrumentality thereof, other than the proceeds of a loan approved under this Part, that is, or is expected to be made available with respect to, the project for which the loan is sought under this Part.

Title 10 published on 2014-01-01

no entries appear in the Federal Register after this date.

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U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
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