§ 769.158 Intermediary's loan application.

(a) The intermediary's loan application will consist of: (1) An application form provided by the Agency; (2) A relending plan addressing the items in § 769.157; (3) A copy of the intermediary's certification as a community development financial institution; (4) A signed form, to be provided by the Agency, assuring the intermediary's compliance and continued compliance with Title IX of the Education Amendments of 1972 (20 U.S.C. 1681-1688) and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1-2000d-7); (5) Other evidence the Agency requires to determine that the intermediary satisfies the eligibility requirements in § 769.152, and that the intermediary's proposed relending plan is feasible and meets the objectives of HPRP; (6) Documentation of the intermediary's ability to administer the HPRP loan funds in accordance with this subpart; and (7) The name(s) of attorneys or any third parties involved with the application process. (b) Prior to loan approval and advancing funds, the intermediary must certify that: (1) The intermediary and its officers, or agents are not delinquent on any Federal debt, including, but not limited to, federal income tax obligations, federal loan or loan guarantee, or obligation from another Federal agency. If delinquent, the intermediary must provide in writing the reasons for the delinquency, and the Agency will take this into consideration in deciding whether to approve the loan or advance of funds; (2) The intermediary and its officers have not been convicted of a felony criminal violation under Federal law in the 24 months preceding the date of the loan application; (3) The intermediary is in compliance with the restrictions and requirements in 31 U.S.C. 1352, limitation on use of appropriated funds to influence certain Federal contracting and financial transactions; (4) The intermediary has been informed of the options by the Federal Government to collect delinquent debt; and (5) The intermediary, its officers, or agents are not debarred or suspended from participation in Government contracts or programs. (c) An intermediary that has received one or more HPRP loans may apply for and be considered for subsequent HPRP loans provided: (1) The intermediary is relending all collections from loans made from its revolving fund in excess of what is needed for the required debt service reserve and approved administrative costs; (2) The outstanding loans of the intermediary's HPRP revolving loan fund are performing; and (3) The intermediary is following all regulatory requirements and is complying with the terms and conditions of its HPRP loan agreement(s) and the intermediary's relending plan(s) approved by the Agency. (d) The Agency may require the intermediary to provide information relating to applications from ultimate recipients the intermediary has in process.