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HARRY HUGHES, Governor
701
The introductory clause of item (2) of this
section " {i}f the applicant is a corporation" is
new language substituted for the reference to
"investment in an eligible corporation", which
appears to be a limited reference to an "eligible
applicant", as that term presently is defined,
that also is a corporation. Although, as to
other types of assistance, business enterprises
— other than corporations — are eligible, the
Department of Economic and Community Development
indicates that this provision will extend only to
corporations.
The introductory clause of item (3) of this
section " {i}f the applicant is unable to obtain
money from any other source" is new language
substituted for the present provision "{T}he
Authority may grant a direct loan only as a last
resort,...", to clarify that a guarantee of a
loan or of an equity investment is the preferred
form of financial assistance.
13-228. LIMITATIONS ON POWER TO GUARANTEE LOANS.
THE AUTHORITY MAY GUARANTEE A LOAN MADE TO AN APPLICANT
ONLY IF:
(1) THE APPLICANT MEETS THE QUALIFICATIONS
REQUIRED BY THIS SUBTITLE;
(2) THE LOAN IS TO BE USED TO PERFORM A CONTRACT
FOR A PROJECT THAT A FEDERAL, STATE, OR LOCAL GOVERNMENT
FINANCES;
(3) THE PART OF THE LOAN TO BE GUARANTEED DOES
NOT EXCEED $150,000;
(4) THE LOAN TO BE GUARANTEED IS TO BE USED
PRIMARILY FOR WORKING CAPITAL; AND
(5) THE LOAN MATURES NOT LATER THAN THE TERM OF
THE GOVERNMENT CONTRACT.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 41, §
266HH-5(2), except for the second sentence of
that paragraph, and Art. 41, § 266HH-5(4) — as
that paragraph relates to guarantees of loans —
and the first clause of (5).
Item (1) of this section is new language
substituted for the present references to
"eligible applicant{s}". The present definition
of "eligible applicant" contains numerous
substantive requirements, which, in the revision
of this subtitle, have been set forth as
requirements in § 13—231 of this subtitle.
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