                                 CODE OF VIRGINIA

POWER TO ISSUE BONDS TO PURCHASE NINETY PERCENT GUARANTEED PORTION OF LOANS (§
2.2-2288)

In addition to and not as a limitation upon the powers to issue bonds as
elsewhere expressed in this article, the Authority may, with proceeds of an
issue of its bonds, participate with lenders in making or purchasing small
business loans, not exceeding as to any one such loan one million dollars in
principal amount, to be serviced by such lenders, provided that:

1. The Authority&#8217;s share shall not exceed ninety percent of the total
principal amount of any such loan, and such participation shall be payable with
interest at the same times, but not necessarily at the same interest rate, as
the share of the lender, and both shares shall be equally and ratably secured by
a valid mortgage on, or security interest in, real or personal property or by
any other security satisfactory to the Authority to secure payment of the loan;
however, the Authority&#8217;s share of any such loan may equal 100 percent of
the total principal amount of the small business loan if the lender
participating in the making or purchasing of such small business loan by
servicing the loan, purchases 100 percent of the total amount of the bonds
issued by the Authority in connection with or allocable to such small business
loan;

2. The total principal amount of the Authority&#8217;s share shall not exceed
ninety percent of the value of the property securing the small business loan,
unless the amount in excess of ninety percent is:
			a. Loaned from available funds that are not proceeds received directly from
the sale of the Authority&#8217;s bonds and are not restricted under the terms
of the resolution authorizing, or the indenture securing such bonds, or
			b. Insured or guaranteed by a federal agency or by a private insurer
qualified to write such insurance in the Commonwealth, insuring a percentage of
any claim for loss at least equal to that percentage of the value by which the
small business loan exceeds ninety percent thereof;

3. The value of the property securing the small business loan is certified by
the participating lender, on the basis of such appraisals, bids, purchase
orders, and engineers&#8217; certificates as the Authority may require; provided
that the value of items purchased and constructed from the proceeds of the small
business loan shall not be deemed, for purposes of this section, to exceed the
contract price in respect of purchase or construction;

4. The Authority shall not disburse funds under a commitment to participate in a
small business loan for the construction or substantial improvement of property
until the construction or improvement has been completed, unless a lender
furnishes an irrevocable letter of credit or a qualified corporate surety
furnishes payment and performance bonds, in either event satisfactory to the
Authority and in an aggregate amount equal to the cost of such construction or
improvement;

5. No other indebtedness may be secured by a mortgage on, or security interest
in, property securing a small business loan made or purchased pursuant to this
subdivision without the prior express written authorization of the Authority;
and

6. The participating lender agrees to use the proceeds of the small business
loan to lend to eligible small businesses in the Commonwealth.

HISTORY: 1984, c. 749, § 9-209; 2001, c. 844.