085-3 Wyo. Code R. §§ 3-5 - Terms and Conditions

a. In issuing guarantees, the Council shall:

(i) establish an up-front fee of at least one percent (1%) of the total loan amount;

(ii) establish that the maximum amount of each guarantee shall not exceed one hundred thousand dollars ($100,000.00) per loan guaranteed or eighty percent (80%) of any net loan loss by the bank, whichever is less;

(iii) establish the terms of the guarantee shall not to exceed ten (10) years;

(iv) establish that whenever a guarantee is requested by the Business, provide to the Council for each loan guarantee under consideration, a written loan application made by the Business and approved by the originating bank, which is a detailed due-diligence analysis on the creditworthiness of the proposed loan. Such loan application shall at a minimum address and analyze the proposed financings: sources and uses of funds, commercial viability of the business/project, risks and mitigants, rationale for lending (i.e. why the Business can not obtain a traditional Federal Guarantee and/or why the State of Wyoming Guarantee provides a greater benefit to the Business), economic development impact, the collateral package, terms of the security agreement, and terms and conditions of the guarantee, etc;

(v) establish that whenever a guarantee is requested by the Business, provide to the Council for each Guarantee under consideration by the Business, the Business' business plan, three (3) years of historical financial statements and current year-to date financial statements; three (3) years of tax statements (or in the case of a new business the most recent statements since start-up); and pro-forma financial projections (income statement, balance sheet, and cash-flow statement), for;

(vi) establish other terms and conditions determined to be necessary by the Board of Directors, such as, that all loan guarantees shall be reviewed by and are subject to the approval of the Board of Directors and the terms of the loan documents, prior to the release of funds to the Borrower, as well as other customary and prudent terms and conditions;

(vii) require written permission from the Business agreeing to allow the Department of Audit and an auditor designated by the Board of Directors to examine its books and records, upon request;

(viii) require all statutory requirements regarding the guarantee be met;

(ix) establish that in the event of default by a Business, on a loan made by a bank, guaranteed by the provisions of these rules the following shall be met before payment may be requested under provisions of the guarantee;

A. written notification shall be given to the Council, by the originating bank, that a guaranteed loan is in default and that the bank intends to begin liquidation;

B. complete liquidation of all collateral securing the loan;

C. complete recovery against any personal guarantees;

D. a summary of liquidation and general ledger of the note documenting net loan loss may be submitted to the Council requesting payment under the guarantee;

E. calculation of net loan loss is principal less recovery from liquidation of collateral, personal guarantees and accrued interest not to exceed sixty (60) days, recovery of attorney fees and other legal costs are not allowed to be included in the net loan loss;

F. not withstanding the maximum guaranteed payment of one hundred thousand dollars ($100,000.00) or eighty percent (80%) of any net loan loss, whichever is less, shall be approved by the Board of Directors.

Notes

085-3 Wyo. Code R. §§ 3-5