N.Y. Comp. Codes R. & Regs. tit. 21 § 4230.14

Current through Register Vol. 46, No. 50, December 11, 2024

Section 4230.14 - Business terms

The business terms with respect to incubator assistance in the form of a loan shall be those set forth in section 4230.11 of this Part. The business terms with respect to loans made under the trust fund lending program shall be those set forth in section 4230.6 of this Part. The following terms and conditions shall apply to government contractor loans, business development loans and franchise loans:

(a) Interest rates on loans made by the corporation will be structured to reflect market conditions, project feasibility and the applicant's ability to repay. Interest rates may be increased during the term of the loan if the applicant fails to create and/or retain specified employment levels approved by the corporation.

(b) The standard term of program loans will be as follows:

(1) loans, the proceeds of which are used to acquire machinery and equipment, generally will be made for a term of three to seven years, depending upon the useful life of the collateral as determined by the corporation;

(2) the term of construction loans generally will not exceed 24 months; and

(3) loans, the proceeds of which are used to acquire or improve real property, generally will not be made for a term exceeding 20 years. In a co-equal or coordinate mortgage situation, a UDC mortgage generally will match the term of the other mortgage.

(c) The repayment terms for loans secured by real estate or machinery and equipment generally will include level debt service over the life of the loan. In certain circumstances, payments of principal and/or interest may be deferred or graduated early in the repayment period.

(d) Security arrangements will be flexible and will depend upon the type of loan and the particular characteristics of a project. Whenever possible, program loans will be secured by a first lien on the realty, improvements, or other assets being financed. Personal and/or corporate guarantees shall be required in all instances.

(e) Where other financing constitutes part of the applicant's overall funding package, written commitments for such financing satisfactory to the corporation shall be in place prior to the corporation being obligated with respect to any program assistance.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 4230.14