Allocating
Authority - the governmental entity in each state responsible for allocating
the state's private activity bond volume
cap. IDBs are a type of private activity bond.
Annual
All-In Interest Rate - the stated annual rate plus all annual fees.
Authorizing Resolution
- the adoption by the governmental entity that will be issuing a tax-exempt bond of a
formal resolution approving the organization's request for financing. The resolution is typically
adopted at a regularly scheduled meeting of the governmental entity (i.e., city council meeting).
Bond
Counsel - a lawyer or law firm qualified to deliver an opinion regarding
the validity of the private activity bond and the extent to which interest on the bond is
exempt from federal income taxes.
Capital
Expenditure - any cost required for the acquisition, construction,
reconstruction or improvement of assets subject to depreciation by the
company.
Capital Expenditure Test
- an IRS requirement that the amount
of the current IDB financing - plus the capital expenditures of the company
for the three years immediately preceding and three years following the
issuance of the current IDB - plus the principal outstanding of any other
IDBs, not exceed $10 million in the government jurisdiction where the
project is located. It is important to note that while the current capital
expenditure limitation is $10 million, Congress has recently authorized an
increase to $20 million, which will be implemented for deals issued after
December 31, 2006. Please contact your local GE Government Finance representative
for more details.
Conduit
Issuance - bonds issued by a governmental entity on behalf of a non-governmental
entity, where the bond proceeds are loaned or otherwise made available
to that entity, and the governmental entity has no obligation for the
repayment of the debt. For example, an IDB issued by a City Economic Development
Agency on behalf of XYZ Manufacturing, Inc.
Conduit
Issuer - a governmental issuer of bonds or other municipal securities
on behalf of a non-governmental entity.
Costs
of Issuance - all fees, expenses and other amounts attributable to
the bond issue.
Covenants
- restrictions or requirements placed on a company during the term
of the financing.
Depreciation
Method - all property financed with IDBs - equipment and real estate
- must be depreciated using the straight line method over the appropriate
asset period for federal tax purposes.
Direct
Purchaser of Bond - a bond purchaser that negotiates directly with the
conduit issuer and the obligated company for the purchase of the bond,
without the use of an underwriter or placement agent. GE Government Finance is a direct purchaser
of bonds.
Effective
Interest Rate - the interest rate determined by adding the costs of
issuance, amortized over the bond term, to the annual all-in interest rate.
Eligible
Issuer - the governmental entity which is authorized by state statute
to issue private activity bonds. Eligible issuers vary state to state, including cities,
statewide agencies, counties and / or local development authorities.
$40
Million Test - an IRS requirement that limits the outstanding principal
amount of certain types of tax-exempt bonds to $40,000,000 per taxpayer.
Tax-exempt bonds subject to this limitation include IDBs, qualified redevelopment
bonds and outstanding exempt facility bonds. A new issue exempt facility
bond may not be subject to this test.
Inducement
- the adoption by the governmental entity that will be issuing a tax-exempt
IDB of a formal resolution supporting the company's request for IDB financing.
The resolution is typically adopted at a regularly scheduled meeting of
the governmental entity (i.e. city council meeting). Inducements are valid
up to a specific date as determined by the governmental entity.
Industrial
Development Bond (IDB) - bond issued by a state or local governmental
entity on behalf of a manufacturing or processing company to finance qualified
capital projects. The interest on the bond may be tax-exempt or taxable,
depending on the situation.
Industrial
Revenue Bond (IRB) - a term used interchangeably with Industrial Development
Bond.
Issuer
- a governmental entity that issues bonds or other municipal securities,
whether or not that entity receives any of the proceeds of the bonds.
Manufacturing
Facility - defined in the Internal Revenue Code as "any facility that
is used in the manufacturing or production of tangible personal property
(including the processing resulting in the change of such property)."
Private
Activity Bond (PAB) - a term used in the Internal Revenue Code to
describe bonds in which the proceeds are used in a trade or business of
a private entity or secured revenues from the private entity. IDBs and qualified
501(c)(3) bonds are types of PABs.
Public
Hearing - an opportunity for the public to ask questions about the
company's project and the bond financing.
Qualified
Capital Project - a project used in the manufacture or production
of tangible personal property such that it qualifies for tax-exempt financing
in accordance with the IRS guidelines.
Qualified
Small Issue - a term used interchangeably with Industrial Development
Bond.
Rehabilitation
Expenditures - defined in the Internal Revenue Code as "any amount
properly chargeable to capital account which is incurred by person acquiring
the building property (or additions or improvements to property) in connection
with the rehabilitation of a building." Tax-exempt bond financing of an
existing building requires the borrower to spend 15% of the bond proceeds
as "rehabilitation expenditures."
Tax
Lease Product - a lease that permits the lessor to claim the tax benefits
of ownership on the leased equipment and generally qualifies as an "operating
lease" for the lessee's financial statement accounting purposes. Tax leases
are often used for the acquisition of equipment over the $10 million capital
expenditure limitation associated with IDBs.
Tax
Regulatory Agreement (Tax Certificate) - an agreement between the
conduit issuer, the obligated company and the bond purchaser which states
that all of the IRS requirements for IDB financing have been met and sets
forth the ongoing requirements of the company to maintain the tax-exempt
status of the bonds.
TEFRA
Hearing - a public hearing established
by the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA). This
hearing is held in the issuer's jurisdiction to allow the public to ask
questions about the pending project and IDB financing. The public must
be notified 14 days prior to the date of the TEFRA hearing.
Volume
Cap - the aggregate amount of private activity bonds annually issued
by all eligible issuers within a state. In 2006, this amount is the greater of $246.61
million or $80 per capita. These amounts are adjusted annually for inflation.