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7 U.S.C. § 936eAdministrative prohibitions applicable to certain electric borrowers

submitted 90 years ago by Pub. L. 103-129 to r/title-7-AGRICULTURE · 226 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must reduce unnecessary approval and operating restrictions for financially strong electric borrowers. At a private lender’s request, the Secretary must share or subordinate the Government’s lien, while preserving adequate loan security.

(a) General rule. To relieve unnecessary burdens, the Secretary must issue regulations for an electric borrower whose net worth exceeds 110 percent of the outstanding principal on all Secretary-made or guaranteed loans. Guided by private lenders’ treatment of similar risks, the regulations must minimize approval rights, requirements, restrictions, and prohibitions the Secretary could otherwise impose on the borrower’s operations. (b) Liens. At the request of a private lender financing a capital investment for such a borrower, the Secretary must promptly offer either to share the Government lien on the system or subordinate that lien on the financed property. (c) Regulations. The Secretary may set requirements, guided by private-lender practices, to keep security for chapter loans reasonably adequate. (d) Other authority. This section does not limit the Secretary’s authority to set terms for using loan proceeds or take another action specifically authorized by law.
the actual law source: uscode.house.gov ↗public domain
(a) In general

For the purpose of relieving borrowers of unnecessary and burdensome requirements, the Secretary, guided by the practices of private lenders with respect to similar credit risks, shall issue regulations, applicable to any electric borrower under this chapter whose net worth exceeds 110 percent of the outstanding principal balance on all loans made or guaranteed to the borrower by the Secretary, to minimize those approval rights, requirements, restrictions, and prohibitions that the Secretary otherwise may establish with respect to the operations of such a borrower.

(b) Subordination or sharing of liens

At the request of a private lender providing financing to such a borrower for a capital investment, the Secretary shall, expeditiously, either offer to share the government’s lien on the borrower’s system or offer to subordinate the government’s lien on that property financed by the private lender.

(c) Issuance of regulations

In issuing regulations implementing this section, the Secretary may establish requirements, guided by the practices of private lenders, to ensure that the security for any loan made or guaranteed under this chapter is reasonably adequate.

(d) Authority of Secretary

Nothing in this section limits the authority of the Secretary to establish terms and conditions with respect to the use by borrowers of the proceeds of loans made or guaranteed under this chapter or to take any other action specifically authorized by law.

Source credit: (May 20, 1936, ch. 432, title III, § 306E, as added Pub. L. 103–129, § 2(c)(7), Nov. 1, 1993, 107 Stat. 1365; amended Pub. L. 103–201, § 1, Dec. 17, 1993, 107 Stat. 2342; Pub. L. 103–354, title II, § 235(a)(8), (13), Oct. 13, 1994, 108 Stat. 3221.)

history & why it existsrecord from the source credit
  • 1936Enacted · Pub. L. 103-129 · 107 Stat. 1365
  • 1993Amended · Pub. L. 103-201 · 107 Stat. 2342
  • 1994Amended · Pub. L. 103-354 · 108 Stat. 3221

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-129 on 1936-05-20.

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