Code of Maine Rules
94 - INDEPENDENT AGENCIES
457 - FINANCE AUTHORITY OF MAINE (FAME)
Chapter 101 - LOAN INSURANCE PROGRAM
Section 457-101-5 - Criteria and Considerations
Universal Citation: 94 ME Code Rules ยง 457-101-5
Current through 2024-38, September 18, 2024
A. Required Findings. An application may not be approved unless the Authority determines:
(1) that there is a reasonable
prospect that the loan will be repaid according to its terms, and repayment
will be secured by appropriate levels of collateral;
(2) it is prudent for the Authority to
provide the amount, percentage and period of insurance proposed that such
amount, percentage and period of insurance is necessary to complete the
financing;
(3) that borrower and
lender have met applicable requirements of the Act and this Rule, as well as
the Credit Policy, and that the loan will be serviced by the Lender as required
by the Authority;
(4) that the
Borrower and the Project are eligible, and the Borrower is creditworthy and of
good character;
(5) the application
is complete and that information sufficient to make an informed decision on the
application has been received;
(6)
A significant public benefit will result from the project; and
(7) The Borrower is not known to be in
violation of any State, federal or local law or regulation;
(8) For insurance liability exceeding
$1,000,000, and in such other instances where the Authority determines it is
appropriate, the Authority shall obtain from the State Department of
Environmental Protection a written assessment of the environmental conditions
known to the Department to exist at a project location.
B. Other Considerations. In reviewing applications, the Authority may consider the following, as applicable, without limitation:
(1) The
extent to which the borrower demonstrates need for the loan.
(2) The economic feasibility of the business
endeavor as evidenced by the borrower's present and past financial situation
and business experience and the general reasonableness of the business proposal
and financial projections for the future.
(3) Whether the borrower and any guarantors
have satisfactory credit histories.
(4) Whether the borrower has sufficient
capital and other resources to conduct the business as planned, and the amount
and source of equity contributed.
(5) The adequacy of the security offered for
the loan.
(6) The extent to which
the risk of financial loss is shared by others.
(7) The current environment and short and
long term viability of the industry of which the enterprise is a part and the
contribution of the enterprise to that industry, as well as the effect of the
project on competitors within the State.
(8) The extent of public benefit expected to
result from the Loan.
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