Code of Massachusetts Regulations
801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing
Section 56.03 - Criteria for Approval of a Moral Obligation Bond Issuance by the A&F Secretary
Current through Register 1531, September 27, 2024
In order for a moral obligation bond issuance to receive the A&F Secretary's approval, the following criteria must be met:
(1) The aggregate principal amount of all moral obligation bonds outstanding issued under St. 1968, c. 614, § 10, as amended by St. 2011, c. 9, § 21, shall not exceed $250 million;
(2) The moral obligation bonds must be structured within the following parameters:
(3) The borrower is not currently in default under a prior issuance of a moral obligation bond;
(4) The borrower is not seeking to utilize the moral obligation bond issuance to refinance existing debt;
(5) The terms and conditions of the bond issuance shall include provisions for an intercept agreement between the Commonwealth and the borrower;
(6) The moral obligation bonds outstanding at any one time shall not exceed $5 million in the aggregate per borrower;
(7) The project has been approved by the HHS Secretary under 801 CMR 56.07;
(8) The borrower must provide to the A&F Secretary's satisfaction, under 801 CMR 56.00, evidence that:
(9) As a condition of closing, borrower must obtain the written consent of any other lenders which have outstanding credit to the borrower.