3 AAC 103.080 - Terms of financing

(a) The principal amount of a loan may not exceed one-third of the appraised value of the collateral for the loan or guarantee, and a loan guarantee may not exceed $20,000,000.

(b) Any financing the authority provides must be secured by a mortgage that is a first lien on the real property in fee simple or on a leasehold estate or an easement where the infrastructure development is located. The authority may review and approve other security provisions and arrangements as well as encumbrances against the real property that do not affect the authority's security.

(c) Any financing the authority provides must be secured by a first position security interest in the applicant's rights under, and the proceeds of, any contract for sales, leases, or rentals from the infrastructure development.

(d) Any financing for infrastructure development as an Artic infrastructure development project must require amortization provisions and require periodic payments by the borrower. The term for a financing may not exceed the following calculated from the date the financing is made:

(1) a financing to an Arctic infrastructure development project may not exceed the limitations established in AS 44.88.840(b); and

(2) the term of a financing under the Arctic infrastructure development program and fund may not exceed the remaining estimated economic life of the collateral for the loan.

(e) Before closing a transaction where construction of the improvements in part or whole has taken place, the authority will require a statement in writing from

(1) the author of the appraisal the authority has obtained regarding the Arctic infrastructure development, or another appraiser acceptable to the authority, that construction was substantially completed according to the plans and specifications contemplated in the appraisal and that the completed value is at least equal to an amount which would meet the requirements of (a) of this section;

(2) an authorized municipal, borough, or state official that the buildings and structures are fit for occupancy and that the occupancy, buildings, and structures conform to all requirements of federal, state, borough, and municipal law and regulations; or if there is no authorized official for the location in which the structure will be located, or if requested by the authority, a registered architect or professional engineer that the property serving as security for the loan is structurally sound and that the buildings or structures conform to applicable building standards.

(f) The terms and conditions of any land lease or easement that secures financing for an infrastructure development are subject to the approval of the authority. The term of the lease or easement must exceed the effective term of the financing by at least 10 years. However, the authority may approve a land lease or easement for a shorter term if there is an irrevocable option to renew the lease or easement that is acceptable in the sole discretion of the authority.

(g) Unless waived by the authority, the applicant shall obtain insurance coverage for the improvements on the real property from responsible companies in such amounts and against such risks as is satisfactory to the authority. The applicant shall obtain and pay for an American Land Title Association (ALTA) title insurance loan or encumbrance policy if real property or a real property encumbrance, such as an easement or right of way, is involved. The authority may require endorsements to the title insurance policy where applicable.

(h) The authority may provide financing for infrastructure development under the Artic infrastructure development program, in cases in which the security for the financing will be subordinate to a lien or security interest in favor of senior financing on the Arctic infrastructure development if

(1) one of the following is satisfied:

(A) the infrastructure development is currently financed by the authority under one or more of its programs;

(B) the financing will be secured by real property that has sufficient value to provide security for the subordinate financing;

(C) the subordinate financing is for expansion and improvements of an existing infrastructure development at the time of the application; and

(2) the applicant demonstrates to the satisfaction of the authority that the additional debt can be repaid from the revenue earned by the collateral offered as security for the subordinate financing.

(i) If required by the authority, the applicant must obtain a guarantee for repayment of the financing the authority provides from the following persons:

(1) a partner or member of the applicant;

(2) a joint venture with the applicant;

(3) any stockholder of the capital stock of the applicant;

(4) the parent entity if the applicant is a subsidiary; or

(5) any such other credit support from any such other party as the authority may accept.

(j) In any financing agreement, the authority may require the applicant to provide covenants regarding the applicant's organization, operations, or finances. Any financing the authority provides that is in the form of a guarantee may be limited in duration or dollar amount, and may be subject to other conditions and restrictions, as the authority in its discretion determines to be appropriate.

Notes

3 AAC 103.080

Eff. 12/3/2015, Register 218, July 2016

Even though the adoption of 3 AAC 103.080 was effective 12/3/2015, it was not published until Register 218, July 2016.

Authority:AS 44.88.085

AS 44.88.800

AS 44.88.820

AS 44.88.830

AS 44.88.840