Sec. 503. Determining reasonable prospect of repayment under title XVII loan program
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Section 1702(d)(1) of the Energy Policy Act of 2005 ( 42 U.S.C. 16512(d)(1) ) is amended— by striking No guarantee and inserting the following: No guarantee ; and by adding at the end the following: The Secretary shall base a determination of whether there is reasonable prospect of repayment under subparagraph
(A)on a comprehensive evaluation of whether the borrower has a reasonable prospect of repaying the guaranteed obligation for the eligible project, including evaluation of— the strength of an eligible project’s contractual terms (if commercially reasonably available); the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary; cash sweeps and other structure enhancements; the projected financial strength of the borrower— at the time of loan close; and throughout the loan term after the project is completed; the financial strength of the borrower’s investors and strategic partners, if applicable; and other financial metrics and analyses that are relied upon by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary. .
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Sec. 503
Determining reasonable prospect of repayment under title XVII loan program
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