Current through Register Vol. 50, No. 9, September 20, 2024
A. The issuer shall only purchase
agricultural loans made by lenders or enter into repurchase obligations with
certain national banks who will in turn make agricultural loans to
borrowers.
B. Acquisition of
Eligible Loans
1. Moneys in the loan fund
shall be used only for the acquisition of eligible loans pursuant to agreements
or to enter into repurchase obligations, as described below. No eligible loan
shall be purchased unless such eligible loan bears interest, payable
semiannually on April 1 and October 1 of each year, at a rate no less than 9.10
percent, and matures no later than October 1, 1996. No repurchase obligation
shall be entered into unless such repurchase obligation carries with it an
interest component as a part of the resale price of 9.10 percent, and matures
no later than October 1, 1996. No eligible loan or repurchase obligation shall
be purchased unless it requires that any principal amounts prepaid under such
eligible loan or repurchase obligation, for whatever reason, shall be paid to
the trustee in accordance with Section 4.14 of the Indenture, and in no event
shall any prepayment (including prepayments due to casualty or condemnation) be
in an amount less than $100,000. Prior to the disbursement of any funds from
the loan fund to acquire an eligible loan or enter into a repurchase
obligation, the trustee shall complete a program checklist and submit the same
to the issuer and to Standard and Poor's Corporation.
2. Moneys in the loan fund shall be used to
acquire any eligible loans presented to the issuer and the trustee by a lender
in accordance with the provisions set forth herein, pursuant to an agreement at
a price described below upon receipt by the trustee of all documents, opinions
and certificates required in the agreement and the program checklist. Each
eligible loan shall be purchased at a purchase price of 99.78 percent of the
outstanding principal amount of such eligible loan, less a surrender charge (as
that term is defined in the investment agreement and which shall be payable to
the insurance company), in the amount determined by the investment agreement
provided that the purchase price of an eligible loan shall not be in an amount
less than $100,000 and shall not exceed $5,000,000. The average principal
amount of eligible loans must be at least $500,000. Eligible loans may not be
acquired after September 30, 1991, and the total amount of withdrawals (as such
term is defined in the investment agreement) at any point in time shall not
exceed the applicable maximum cumulative withdrawal amounts (as defined in the
investment agreement). Payments made by a credit provider under a letter of
credit or guaranty shall be applied as a credit against amounts owing by a
borrower under a financed eligible loan with respect to which such letter of
credit or guaranty was issued.
3.
The issuer will cooperate with each lender, and shall require each lender to
cooperate with the issuer, such that all accrued interest through the date on
which the eligible loan is acquired by the issuer is paid directly or
reimbursed to each lender.
4. Each
eligible loan shall be secured by an irrevocable letter of credit, a guaranty,
or a comparable instrument which shall effectively guarantee payment of all
principal and interest on such eligible loan, such letter of credit, guaranty
or comparable instrument being issued by a credit provider whose long-term
unsecured debt rating is rated at least as high as the initial rating on the
bonds, as confirmed in writing by Standard and Poor's Corporation, or, if not
so rated (and then only in the case of a letter of credit delivered by a
savings and loan association insured by FSLIC or a state-chartered banking
association insured by FDIC such credit provider shall pledge securities
sufficient to maintain the initial rating on the bonds; the types of eligible
collateral securities, and the level of collateralization required for each
type of collateral security in order to obtain such a rating from Standard and
Poor's Corporation, are set forth in Exhibit F; provided that if any such
securities to be pledged consist of FHA/VA Mortgage Notes, Conventional
Mortgage Notes, FHA/VA Mortgage Notes-ARMS and Conventional Mortgage Notes-ARMS
(as those terms are used in the Collateral Pledge Agreement FSLIC), then prior
to the acquisition of the eligible loan the trustee shall receive notice from
Standard and Poor's Corporation (at the expense of the respective borrower) to
the effect that the delivery of FHA/VA Mortgage Notes, Conventional Mortgage
Notes, FHA/VA Mortgage Notes-ARMS and Conventional Mortgage Notes-ARMS by such
credit provider will not adversely affect the rating on the bonds. In the event
that an eligible loan is to be secured by an instrument other than a letter of
credit or a guaranty in precisely the forms attached to the Indenture, such
eligible loan shall not be purchased with bond proceeds until such time as the
trustee receives written confirmation from Standard and Poor's Corporation (at
the expense of the respective borrower) that such purchase will not adversely
affect the rating of the bonds.
C. Repurchase Obligations. Moneys in the loan
fund shall also be used by the issuer to enter into any repurchase obligation
presented to it by a credit provider in accordance with the provisions set
forth herein (to enable such credit provider to in turn finance an eligible
loan). Securities purchased under a repurchase obligation shall be purchased at
a price of 99.78 percent of the purchase price, less a surrender charge (as
that term is defined in the investment agreement and which shall be payable to
the insurance company) in the amount determined by the investment agreement.
The purchase price of a repurchase obligation shall not be in an amount less
than $100,000 and shall not exceed $5,000,000. The average principal amount of
repurchase obligations must be at least $500,000. Repurchase obligations may
not be acquired after September 30, 1991, and the total amount of withdrawals
(as such term is defined in the investment agreement) at any point in time
shall not exceed the applicable maximum cumulative withdrawal amounts (as
defined in the investment agreement).
D. There shall be included as a provision to
every loan note, the agreement of the maker thereof to the effect that the loan
note shall continue to bear interest until such time as the trustee has on
deposit available moneys representing sufficient funds for the payment of such
loan note.
E. No eligible loan
shall be purchased by the trustee, and no repurchase obligation shall be
entered into by the trustee, during any period commencing with the date which
would (if such eligible loan were otherwise purchased) constitute a draw date
for such eligible loan and ending on the immediately succeeding interest
payment date.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
3:266(4).