N.H. Admin. Code § Puc 1107.02

Current through Register No. 45, November 7, 2024

Section Puc 1107.02 - F-4 Petition for Authority to Issue Securities

(a) Each utility shall file form F-4 with the commission when it seeks authority to issue securities.

(b) Each utility shall include on Form F-4 the following:

(1) A petition which shall include:

a. A caption;

b. Description of authorized and outstanding long term debt and capital stock;

c. Amount of short term notes outstanding;

d. Description of new securities;

e. Description of what proceeds will be used for;

f. List of exhibits attached;

g. Certification statement as contained in (d) below; and

h. Petitioner's prayer asking for the relief requested;

(2) Exhibit 1, application for leave to issue securities pursuant to RSA 369:3 including a statement in reasonable detail of any proposed additions, construction or working capital requirements together with any proposed construction budget;

(3) Exhibit 2, showing the estimated cost of financing including legal costs, printing, documentary tax, trustee services, financial services;

(4) Exhibit 3, current balance sheet adjusted for financing with journal entries and explanations for actual balances, adjustments and balances as adjusted;

(5) Exhibit 4, current income statement adjusted for financing including new interest, depreciation and taxes with entries for actual, adjustments and as adjusted;

(6) Exhibit 5, statement of capitalization ratios after giving effect to the proposed financing;

(7) Exhibit 6, copy of the purchase and sale agreement for long term financing including any letter of commitment from a lender stating details of financing;

(8) Exhibit 7, copy of the mortgage indenture;

(9) Exhibit 8, copy of terms of new common or preferred stock;

(10) Resolution of petitioner's stockholders authorizing the proposed financing; and

(11) An original and 7 copies of the petition and exhibits.

(c) By submitting or signing a Form F-4 petition, the persons submitting the form agree to comply with the certification requirement as set forth in (d) below.

(d) Each utility shall provide in connection with a petition for authority to issue securities, a certification which shall provide as follows:

"The petitioner utility company believes and, therefore, alleges that the securities to be issued will be consistent with the public good and that it is entitled to issue said securities under RSA 369 for the purposes set forth in its petition."

(e) The certification set forth in (d) above shall be executed under oath by the president or chief officer or treasurer or person in charge of the utility's accounts and records whose signature shall be notarized in conformance with New Hampshire law as a sworn statement.

N.H. Admin. Code § Puc 1107.02

(See Revision Note at Chapter heading Puc 1100) #6445, eff 1-28-97; ss and moved by #8244, eff 12-31-04 (from Puc 1107.03 ); ss by #10307, eff 4-9-13