W. Va. Code R. § 116-3-2

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 116-3-2 - Application Requirements
2.1. To apply for financing through the Authority, a hospital must provide the Authority the following items:
(a) A letter of intent that (1) briefly summarizes the proposed financing, (2) requests the Authority's assistance and (3) acknowledges that the Authority's fee schedule will apply to the Authority's evaluation of and other involvement in the financing.
(b) A written application, signed by a duly authorized officer of the hospital, that provides the following information:
(1) The legal name, street address and mailing address of the hospital making the application.
(2) The legal name, street address and mailing address of any other hospital or entity of which the applying hospital is a division or subsidiary or with it is legally affiliated.
(3) The names and addresses of:
(A) The hospital's independent auditor.
(B) The hospital's general counsel.
(C) The proposed underwriter(s) and bond counsel (if any) for the financing.
(D) The hospital's feasibility consultant (if new construction is to be financed).
(E) The hospital's financial advisor (if any).
(4) A description of the financing, including:
(A) Amount.
(B) Purpose(s).
(C) Plans for placing or marketing bonds.
(D) Plans (if any) for obtaining credit rating(s) for the bonds.
(E) A statement as to whether the bonds are to be "book entry" bonds, and, if not, an explanation of the reasons for using certificate bonds.
(F) If outstanding bonds or other obligations are to be refunded or refinanced, a summary of the key terms of such bonds or obligations.
(G) The proposed time schedule for financing.
(H) Estimated costs of issuance, including:
(i) Bond Counsel
(ii) Hospital Counsel
(iii) Rating Agency Fee(s)
(iv) Authority's Counsel
(v) Authority's Fee
(vi) Bond Trustee
(vii) Bank's Counsel
(viii) Accountants
(ix) Tender Agent
(x) Printing Bonds
(xi) Printing POS/OS
(xii) Underwriter's Counsel
(xiii) Other
(xiv) Any other material aspects of the proposed financing that the hospital believes the Authority should consider.
(5) Verification (preferably from U.S. Internal Revenue Service) of the hospital's tax status.
(6) A copy of the hospital's most recent interim financial statements.
(7) A brief summary of the key terms of outstanding loans and other obligations that are material, without limitation, the payment terms, security provisions and restructure covenants of a material nature should be described.
(8) A copy of each Certificate(s) of Need relating to any project(s) or item(s) to be financed.
(c) If the hospital is an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, a completed questionnaire regarding Tax-Exempt Financings of 501(c)(3) Health Care Facilities in the form set forth in Appendix A hereto.

W. Va. Code R. § 116-3-2