2014 US Code
Title 43 - Public Lands (Sections 1 - 2434)
Chapter 42 - Rural Water Supply (Sections 2401 - 2434)
Subchapter II - Twenty-First Century Water Works (Sections 2421 - 2434)
Sec. 2423 - Loan guarantees

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 2, Title 43 - PUBLIC LANDS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 43 - PUBLIC LANDS
CHAPTER 42 - RURAL WATER SUPPLY
SUBCHAPTER II - TWENTY-FIRST CENTURY WATER WORKS
Sec. 2423 - Loan guarantees
Containssection 2423
Date2014
Laws In Effect As Of DateJanuary 5, 2015
Positive LawNo
Dispositionstandard
Source CreditPub. L. 109-451, title II, §204, Dec. 22, 2006, 120 Stat. 3358.
Statutes at Large Reference120 Stat. 3358
Public and Private LawPublic Law 109-451

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43 U.S.C. § 2423 (2014)
§2423. Loan guarantees(a) Authority

Subject to the availability of appropriations, the Secretary may make available to lenders for a project meeting the eligibility criteria established in section 2422 of this title loan guarantees to supplement private-sector or lender financing for the project.

(b) Terms and limitations(1) In general

Loan guarantees under this section for a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements as the Secretary determines to be appropriate to protect the financial interests of the United States.

(2) Amount

Loan guarantees by the Secretary shall not exceed an amount equal to 90 percent of the cost of the project that is the subject of the loan guarantee, as estimated at the time at which the loan guarantee is issued.

(3) Interest rate

An obligation shall bear interest at a rate that does not exceed a level that the Secretary determines to be appropriate, taking into account the prevailing rate of interest in the private sector for similar loans and risks.

(4) Amortization

A loan guarantee under this section shall provide for complete amortization of the loan guarantee within not more than 40 years.

(5) Nonsubordination

An obligation shall be subject to the condition that the obligation is not subordinate to other financing.

(c) Prepayment and refinancing

Any prepayment or refinancing terms on a loan guarantee shall be negotiated between the non-Federal borrower and the lender with the consent of the Secretary.

(Pub. L. 109–451, title II, §204, Dec. 22, 2006, 120 Stat. 3358.)

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