Section 8317 - Restructuring Transaction Fees(a) To cover the Department's costs of processing any specific Restructuring Transaction as defined in this section, the Department shall charge as authorized by subsections (f) and (n) of Section 50406 of the Health and Safety Code fees to cover the administrative costs incurred for the Department's staff to negotiate and prepare the legal documents necessary to accomplish the subject Restructuring Transaction.(b) For the purposes of this section, the term "Restructuring Transaction" means one or more of the following: (1) extension of the Department's loan term (or terms, if there are multiple Department loans),(2) change of ownership (excluding transfer of ownership between two entities controlled by the same parent entity),(3) a new subordination of the Department's loan or loans to a senior loan or loans, and/or investment of tax credit equity. Other transactions, such as those limited to the placement of new junior public agency debt without required payments and assignments of limited partner interests, do not constitute a Restructuring Transaction.
(c) The fees charged by this section shall be calculated on a case-by-case basis, and shall be based on the number of work hours necessary for Department staff, at the respective rate for each staff's classification, to negotiate and prepare final executable versions of all legal documents necessary to accomplish the subject Restructuring Transaction.(d) Notwithstanding subsection (c), the Department shall not be authorized under this section to charge an amount exceeding the amount that the Department charges for the same or similar restructuring activities that the Department performs under other programs administered by the Department in its Related Restructuring Programs, as defined by this section.(e) For the purposes of this section, the term "Related Restructuring Programs" shall include but not be limited to the restructuring activities authorized by Section 50560(a) of the Health and Safety Code, and shall include any fees set forth by the Department pursuant to the guidelines (published on the Department's website) adopted and authorized pursuant thereto under Health and Safety Code Section 50560.(f) The legal documents necessary to accomplish the subject Restructuring Transaction shall be subject to the provisions set forth in this subchapter.Cal. Code Regs. Tit. 25, § 8317
1. New section filed 11-8-2017; operative 11-15-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 45). Note: Authority cited: Section 50406, Health and Safety Code. Reference: Section 50406, Health and Safety Code.
1. New section filed 11-8-2017; operative 11/15/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 45).