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BOARD01356
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Last modified
8/16/2009 3:00:53 PM
Creation date
10/4/2006 6:53:57 AM
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Board Meetings
Board Meeting Date
3/29/1999
Description
CF Section - General and Financial Matters - Proposed Revisions to Parity Policy and UCC Issues
Board Meetings - Doc Type
Memo
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<br />J <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />CWCB Pari tv 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 a consent to additional <br />parity debt on a fluctuating source of income (tap fees) rather than on the more stable <br />income produced by the sale of water to existing customers, <br /> <br />Paritv Debt Policy <br /> <br />:\~; e~;tabli:;hed at the hRlltlry 1998 C'NCE meeting, tThe CWCB will consent to parity <br />status for a 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 <br />substantial compliance with all of the obligations of this contract, including, but not <br />limited to, being current on the annual payments due under this contract and in the <br />accumulation of all amounts then required to be accumulated in the borrower's debt <br />service reserve fund; 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~ €'o~EltH-g-+ap-llfl4'erftHtH€eHefl-fees,for 12 consecutive months out of the <br />18 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, including this loan, the annual debt service on the proposed <br />indebtedness to be issued, and all required deposits to any reserve funds required by <br />ffits-all cwes loan contract,'i or by the lender(s) of any indebtedness having a lien on <br />the pledged revenues, The analysis of revenues shall be based on the borrower's <br />current rate structure~or (he rail' s(mcture most reccnt(v adopted t).L1JlcJlorrow~(~ <br />governing bodv authorized to establish rates or fces,__No more (hanJ~H,percenU2[ <br />total revenues may originate from taP and/or connection fees, <br />
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