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BOARD01177
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Last modified
8/16/2009 2:58:48 PM
Creation date
10/4/2006 6:51:16 AM
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Board Meetings
Board Meeting Date
7/26/1999
Description
CF Section - Proposed Parity Test Revisions
Board Meetings - Doc Type
Memo
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<br />.", <br /> <br />" <br />.. <br /> <br />.. <br /> <br />CWCB Parity Debt Policv <br /> <br />Introduction <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. <br />(parity debt means that the CWCB and a subsequent lender would share claims to the <br />borrower's assets. In the event of default, the two lenders would divide the available <br />assets on a pro-rata basis.) At its November 1996 meeting, the CWCB adopted a parity <br />debt policy, which did not exclude connection and tap fees in calculating net water <br />system revenues. <br /> <br />At its January 1998 meeting, the CWCB amended its parity debt policy and revised the <br />parity lien test to exclude connection and tap fees from a borrower's net revenues. Staff <br />had recommended the revision due to concerns about basing consent to additional parity <br />debt on a fluctuating source ofincome (tap fees) rather than on the more stable income <br />produced by the sale of water to existing customers. <br /> <br />Parity Debt Policv <br /> <br />The CWCB will consent to parity status for a subsequent loan only if the borrower meets <br />the following conditions: <br /> <br />. · The borrower is currently and at the time of the issuance of the parity debt in <br />substantial compliance with all of its obligations to the CWCB, including, but not <br />limited to, being current on the annual payments due under all loan contracts and in <br />the accumulation of all amounts then required to be accumulated in the borrower's <br />debt service reserve fund(s); and <br /> <br />· The borrower provides to the CWCB a Parity Certificate from an independent <br />certified public accountant certifying that, based on an analysis of the borrower's <br />revenues, _'.':F~'J1t1Llp ~lI1d':'r CTIlI12l-:iL1:1 1"'2:-. for 12 consecutive months out of the 18 <br />months immediately preceding the date of issuance of such parity debt, the <br />borrower's revenues are sufficient to pay its annual operating and maintenance <br />expenses, annual debt service on all outstanding indebtedness having a lien on the <br />pledged revenues, the annual debt service on the proposed indebtedness to be issued, <br />and all required deposits to any reserve funds required by all CWCB loan contracts or <br />by the lender( s) of any indebtedness having a lien on the pledged revenues. The <br />analysis ofrevenues shall be based on the borrower's current rate structure or the rale <br />Slructure most recently adollled by the borrower's !2lwcrnill!2 bod v authnrizcd tn <br />l'st<lhlish rates or ICes. No more [h~1ll tCIl nCITl'l11 of'\ol;d rl'\'l'lltll'S 1l1~1\' ol"i~ill~lll' rroll1 <br />lan and 'or COlllk'Ctiol1 ICes. <br /> <br />. <br />
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