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<br />.... <br />.. <br /> <br />c ~ <br /> <br />. <br /> <br />CW CB Parity Debt Policy <br /> <br />Currently, CWCB loan contracts include an additional debts provision that sets forth the <br />conditions a borrower must meet to obtain the CWCB's consent to additional parity debt. ("!'arity <br />debt means that the CWCB and a subsequent lender would share an equal claim to the <br />borrower's assets. In the event of default, the two lenders would divide the available assets <br />equally). At its November 1996 meeting, the CWCB adopted a parity debt policy, which did not <br />exclude connection and tap fees in calculating net water system revenues. <br /> <br />~---. <br /> <br />At its January 1998 meeting, the CWCB amended its parity debt policy and revised the parity <br />lien test to exclude connection and tap fees from a borrower's net revenues. Staff had <br />recommended the revision due to concerns about basing a consent to additional parity debt on a <br />fluctuating source of income (tap fees) rather than on the more stable income produced by the <br />sale of water to existing customers. <br /> <br />As established at the January 1998 CWCB meeting, the CWCB will consent to parity status for a <br />subsequent loan only if the borrower meets the following conditions: <br /> <br />. The borrower is currently and at the time of the issuance of the parity debt in substantial <br />compliance with all of the obligations of this contract, including, but not limited to, being <br />current on the annual payments due under this contract and in the accumulation of all <br />amounts then required to be accumulated in the borrower's debt service reserve fund; and <br /> <br />. . The borrower provides to the CWCB a Parity Certificate from an independent certified public <br />accountant certifying that, based on an analysis of the borrower's revenues, excluding tap <br />and/or connection fees, for 12 consecutive months out of the 18 months immediately <br />preceding the date of issuance of such parity debt, the borrower's revenues are sufficient to <br />pay its annual operating and maintenance expenses, annual debt service on all outstanding <br />indebtedness having a lien on the pledged revenues, including this loan, the annual debt <br />service on the proposed indebtedness to be issued, and all required deposits to any reserve <br />funds required by this contract or by the lender(s) of any indebtedness having a lien on the <br />pledged revenues. The analysis of revenues shall be based on the borrower's current rate <br />structure. <br /> <br />e <br />