Current through Register Vol. 48, No. 38, September 20, 2024
b) Each application for industrial, business,
local government, not-for-profit organization or environmental projects must
include to the extent applicable to the entity submitting the application and
the particular facts of the project itself:
1) The legal name and address of the
borrower;
2) The name(s) and
address(es) of the principal occupant(s) or user(s), if different from the
borrower;
3) A statement of the
type of project (i.e., whether industrial, business, local government,
not-for-profit organization or environmental);
4) A description of the type of business of
the borrower;
5) The standard
industrial classification code and category for the borrower's
business;
6) The borrower's federal
tax identification number or social security number;
7) The form of organization of the
borrower;
8) A description of other
businesses, if any, which have ownership interests in the borrower;
9) The names and addresses of shareholders
holding more than 10% of stock in the borrower and/or all general partners if
the borrower is a partnership; or, if the owner or any property financed would
be a land trust, an identification of the trust and all beneficiaries of the
trust including the percentage of beneficial interest of each beneficiary of
the trust;
10) A listing of the
names, positions, percent ownership and employment starting date, if any, of
persons responsible for the management of the company;
11) A description of the history and
background of the business of the borrower;
12) A complete description of the project
including its proposed location, street address, legal description, elements of
the proposed project (such as land acquisition, building construction,
renovation, equipment purchases and installation, estimated project
commencement and completion dates and information on tenants, if any, to whom
any portion or portions of the project may be leased; and a copy of any real
estate sales contract and/or any lease agreement pertaining to the
project;
13) A description of the
products to be produced at the proposed facility;
14) A description of the machinery and
equipment to be acquired with proceeds of the bond issue, including acquisition
lead time, the cost of the equipment and whether it is new or used;
15) A statement of whether the project is
located in an enterprise zone;
16)
Information relating to the project site, its size, access roads, railroad
access and utilities;
17) Site
improvements existing on the land (e.g., parking lots, driveways,
landscaping);
18) A statement of
the United States Congressional, Illinois House of Representatives, and
Illinois Senate Districts in which the project is located;
19) A description of the buildings existing
and to be built and their intended uses;
20) The amount of the proposed
financing;
21) A summary of project
costs including:
A) a breakdown of project
expenditures, the total costs of project elements, and the sources of funds for
payment of such costs including sources other than bond proceeds; and
B) evidence of construction and/or renovation
cost estimates provided by an architect, contractor or engineer, which may be
in the form of a letter from the estimator;
22) A description of sources and amounts of
working capital available to the borrower, including lines of credit;
23) An identification of the proposed bond
purchaser or purchasers, the interest rate and term of the bonds, and a copy of
the letter of intent or commitment letter from such purchaser, which letter
must be addressed to the borrower;
24) A statement of whether the bonds will be
publicly sold or privately placed;
25) A statement of whether guarantees or
other forms of credit enhancement, such as letters of credit, fund escrows or
debt reserve with respect to payment of the bonds, will be part of the
transaction;
26) For commercial
projects, a statement of whether the project is located in a tax increment
financing district, slum or blighted area as defined in Section 3(i) of the
Urban Renewal Consolidation Act of 1961 [315 ILCS
30/3(i)] , commercial district or
targeted redevelopment area (an area designated by local authorities and to
which local authorities or other persons have committed funds to redevelop that
area, to include, but not be limited to, enterprise zones, TIF districts and
slum and blighted areas);
27) For
environmental projects, copies of orders, complaints, decrees and other
official action to which the project is a response;
28) Information on current or projected
employment for the two years subsequent to completion of the project, and, for
commercial projects, a listing of the proposed tenants, lease type, rental
amounts, areas rented and the term of the leases;
29) An estimate of the number of construction
jobs to be created as a result of the project;
30) A statement as to the effect of the
project on the community, including such examples as increased traffic,
generation of retail sales and real estate taxes, environmental effect,
employment opportunities and quality of life;
31) A statement as to the economic
feasibility or marketing analysis for the project;
32) The names, addresses and telephone
numbers of the borrower's general counsel, bond counsel, accountant, and
consultant, if any;
33) The name
and address of the municipality or other unit of government that exercises
planning and subdivision control over the project site. See Section
1100.206.
34) A certification by the borrower that the
site for the project is not located in a special flood hazard area as
designated by the Illinois Department of Natural Resources, Division of
Waterways, and that the borrower has made an investigation which determined
that it is not in such an area. The borrower must also certify that all
information in the application is true to the best knowledge and belief of the
borrower.
c) Each
application for a project for which the borrower is not an existing company or
any project which is to be financed on a non-recourse, mortgage basis, and each
application for a commercial project must include:
1) A projected cash flow analysis for the
project.
2) An operating pro forma
financial statement covering the construction period and the succeeding
ten-year period giving the base year's revenues, maintenance and operating
costs. Explanatory footnotes shall be written describing the assumptions used
in forecasting income and expenses. Debt service expenses should be separated
by lending source, and method of depreciation must be noted.
d) Unless the project is to be
financed in a non-recourse, mortgage basis, each borrower for a project must:
1) If the application is for an existing
company, submit financial statements for the previous three (3) years of
operation, plus an interim financial statement not more than 90 days old at the
time the application is submitted. Audited statements are preferred if
available.
2) Submit a comparative
summary balance sheet and a summary profit and loss statement for the previous
three (3) years.
3) Provide sales
and earnings projections for a three (3) year period.
4) If the borrower is not the operating
company, but an individual, provide a personal history of the borrower and
personal financial statements. Partnership borrowers must include personal
statements for each partner, if the principals are to guarantee the bonds, and
must indicate the party with legal authority to sign documents.