Section 5066 - Qualifying Bond Defaults(a) Bond Applications on behalf of a Project Sponsor with a Qualifying Bond Default or bankruptcy in the last three (3) years, and/or from a Bond Issuer with three (3) or more Qualifying Bond Defaults in the last five (5) years shall be restricted to private placement sales accompanied with an Investment Representation Letter or public sales with a minimum A category credit grade. Governmental Bond Applications on behalf of a governmental guarantor with a Qualifying Bond Default or bankruptcy within the last three (3) years shall be restricted to private placements with Qualified Institutional Buyers or to public sales rated A or higher.(b) Bond Issuers and Project Sponsors who are subject to these restrictions may submit an appeal for a waiver of this requirement which shall be considered by the Committee. For Issuers, appeals which involve the following circumstances may be considered by the Executive Director: (1) At least two (2) out of the three (3) Qualifying Bond Defaults referenced involve the same Project Sponsor; or(2) At least two (2) out of the three (3) Qualifying Bond Defaults referenced involve transactions whose bond issuance occurred more than ten (10) years prior to the default recordation date.(c) All appeals shall be made in writing, included with the Application and must set forth in reasonable detail the factual basis for the appeal.Cal. Code Regs. Tit. 4, § 5066
1. New section filed 7-1-2011; operative 7-1-2011 (Register 2011, No. 26). Note: Authority cited: Section 8869.94, Government Code. Reference: Sections 8869.84(c), 8869.85(a) and 8869.85(b), Government Code.
1. New section filed 7-1-2011; operative 7-1-2011 (Register 2011, No. 26).