Section

[Code of Federal Regulations]
[Title 7, Volume 11]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1744.21]

[Page 341-344]

TITLE 7--AGRICULTURE

CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE

PART 1744--POST-LOAN POLICIES AND PROCEDURES COMMON TO GUARANTEED AND INSURED TELEPHONE LOANS--Table of Contents

Subpart B--Lien Accommodations and Subordination Policy

Sec. 1744.21 Definitions.

The following definitions apply to this subpart:
Administrator means the Administrator of RUS and includes the
Governor of the RTB.
Advance means transferring funds from RUS, RTB, or a lender
guaranteed

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by RUS to the borrower's construction fund.
After-acquired property means property which is to be acquired by
the borrower and which would be subject to the lien of the Government
mortgage when acquired.
Amortization expense means the sum of the balances of the following
accounts of the borrower:

------------------------------------------------------------------------
Account names Number
------------------------------------------------------------------------
(1) Amortization expense..................................... 6560.2
(2) Amortization expense--tangible........................... 6563
(3) Amortization expense--intangible......................... 6564
(4) Amortization expense--other.............................. 6565
------------------------------------------------------------------------

Note: All references to account numbers are to the Uniform System of
Accounts (7 CFR part 1770, subpart B).
Asset means a future economic benefit obtained or controlled by the
borrower as a result of past transactions or events.
Automatic lien accommodation means the approval, by RUS, of a
request to share the Government's lien on a pari passu or pro-rata basis
with a private lender in accordance with the provisions of Sec. 1744.30.
Borrower means any organization that has an outstanding
telecommunications loan made or guaranteed by RUS, or that is seeking
such financing. See 7 CFR part 1735.
Construction Fund means the RUS Construction Fund Account into which
all advances of loan funds are deposited pursuant to the provisions of
the loan documents.
Debt Service Coverage (DSC) ratio means the ratio of the sum of the
borrower's net income, depreciation and amortization expense, and
interest expense, all divided by the sum of all payments of principal
and interest required to be paid by the borrower during the year on all
its debt from any source with a maturity greater than 1 year and capital
lease obligations.
Default means any event or occurrence which, unless corrected, will,
with the passage of time and the giving of proper notices, give rise to
remedies under one or more of the loan documents.
Depreciation expense means the sum of the balances of the following
accounts of the borrower:

------------------------------------------------------------------------
Account names Number
------------------------------------------------------------------------
(1) Depreciation expense..................................... 6560.1
(2) Depreciation expense--telecommunications plant in service 6561
(3) Depreciation expense--property held for future 6562
telecommunications use......................................
------------------------------------------------------------------------

Note: All references to account numbers are to the Uniform System of
Accounts (7 CFR part 1770, subpart B).
Disbursement means a transfer of money by the borrower out of the
construction fund in accordance with the provisions of the fund.
Equity percentage means the total equity or net worth of the
borrower expressed as a percentage of the borrower's total assets.
FFB means the Federal Financing Bank.
Financial Requirement Statement (FRS) means RUS Form 481 (OMB--No.
0572--0023). (This RUS Form is available from RUS, Program Development
and Regulatory Analysis, Washington, DC 20250-1522).
Government mortgage means any instrument to which the Government,
acting through the Administrator, is a party and which creates a lien or
security interest in the borrower's property in connection with a loan
made or guaranteed by RUS whether the Government is the sole mortgagee
or is a co-mortgagee with a private lender.
Hardship loan means a loan made by RUS under section 305(d)(1) of
the RE Act.
Interim construction means the purchase of equipment or the conduct
of construction under an RUS-approved plan of interim financing. See 7
CFR part 1737.
Interest expense means the sum of the balances of the following
accounts of the borrower:

------------------------------------------------------------------------
Account names Number
------------------------------------------------------------------------
(1) Interest and related items............................... 7500
(2) Interest on funded debt.................................. 7510
(3) Interest expense--capital leases......................... 7520
(4) Amortization of debt issuance expense.................... 7530
(5) Less Allowance for funds used during construction........ 7340/
7300.4
(6) Other interest deductions................................ 7540
------------------------------------------------------------------------

Note: All references to account numbers are to the Uniform System of
Accounts (7 CFR part 1770, subpart B).
Interim financing means funding for a project which RUS has
acknowledged

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may be included in a loan, should said loan be approved, but for which
RUS loan funds have not yet been made available.
Lien accommodation means sharing the Government's lien on a pari
passu or pro-rata basis with a private lender.
Loan means any loan made or guaranteed by RUS.
Loan documents means the loan contract, note and mortgage between
the borrower and RUS and any associated document pertinent to a loan.
Loan funds means the proceeds of a loan made or guaranteed by RUS.
Material and supplies means any of the items properly recordable in
the following account of the borrower:

------------------------------------------------------------------------
Account names Number
------------------------------------------------------------------------
(1) Material and Supplies.................................... 1220.1
------------------------------------------------------------------------

Note: All references to account numbers are to the Uniform System of
Accounts (7 CFR part 1770, subpart B).
Net income/Net margins means the sum of the balances of the
following accounts of the borrower:

------------------------------------------------------------------------
Account names Number
------------------------------------------------------------------------
(1) Local Network Services Revenues....... 5000 through 5069
(2) Network Access Services Revenues...... 5080 through 5084
(3) Long Distance Network Services 5100 through 5169
Revenues.
(4) Miscellaneous Revenues................ 5200 through 5270
(5) Nonregulated Revenues................. 5280
(6) Less Uncollectible Revenues........... 5200 through 5302
(7) Less Plant Specific Operations Expense 6110 through 6441
(8) Less Plant Nonspecific Operations 6510 through 6565
Expense.
(9) Less Customer Operations Expense...... 6610 through 6623
(10) Less Corporate Operations Expense.... 6710 through 6790
(11) Other Operating Income and Expense... 7100 through 7160
(12) Less Operating Taxes................. 7200 through 7250/7200.5
(13) Nonoperating Income and Expense...... 7300 through 7370
(14) Less Nonoperating Taxes.............. 7400 through 7450/7400.5
(15) Less Interest and Related Items...... 7500 through 7540
(16) Extraordinary Items.................. 7600 through 7640/7600.4
(17) Jurisdictional Differences and 7910 through 7990
Nonregulated Income Items.
------------------------------------------------------------------------

Note: All references to account numbers are to the Uniform System of
Accounts (7 CFR part 1770, subpart B).
Net plant means the sum of the balances of the following accounts of
the borrower:

------------------------------------------------------------------------
Account names Number
------------------------------------------------------------------------
(1) Property, Plant and Equipment......... 2001 through 2007
(2) Less Depreciation and Amortization.... 3100 through 3600
------------------------------------------------------------------------

Note: All references to account numbers are to the Uniform System of
Accounts (7 CFR part 1770, subpart B).
Notes means evidence of indebtedness secured by or to be secured by
the Government mortgage.
Pari Passu means equably; ratably; without preference or precedence.
Plant means any of the items properly recordable in the following
accounts of the borrower:

------------------------------------------------------------------------
Account names Number
------------------------------------------------------------------------
(1) Property, Plant and Equipment......... 2001 through 2007
------------------------------------------------------------------------

Note: All references to account numbers are to the Uniform System of
Accounts (7 CFR part 1770, subpart B).
Private lender means any lender other than the RUS or the lender of
a loan guaranteed by RUS.
Private lender notes means the notes evidencing a private loan.
Private loan means any loan made by a private lender.
RE Act (Act) means the Rural Electrification Act of 1936 (7 U.S.C.
901 et seq.) RTB means the Rural Telephone Bank.
RUS means the Rural Utilities Service, and includes its predecessor,
the Rural Electrification Administration. The term also includes the
RTB, unless otherwise indicated.
RUS cost-of-money loan means a loan made under section 305(d)(2) of
the RE Act.
Subordination means allowing a private lender to have a lien on
specific property which will have priority over the Government's lien on
such property.
Tangible plant means any of the items properly recordable in the
following accounts of the borrower:

------------------------------------------------------------------------
Account names Number
------------------------------------------------------------------------
(1) Telecommunications Plant in Service-- 2110 through 2124
General Support Assets.
(2) Telecommunications Plant in Service-- 2210 through 2232
Central Office Assets.
(3) Telecommunications Plant in Service-- 2310 through 2362
Information Origination/Termination
Assets.
(4) Telecommunications Plant in Service-- 2410 through 2441
Cable and Wire Facilities Assets.
(5) Amortizable Tangible Assets........... 2680 through 2682
(6) Nonoperating Plant.................... 2006
------------------------------------------------------------------------

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Note: All references to account numbers are to the Uniform System of
Accounts (7 CFR part 1770, subpart B).
Telecommunication services means any service for the transmission,
emission, or reception of signals, sounds, information, images, or
intelligence of any nature by optical waveguide, wire, radio, or other
electromagnetic systems and shall include all facilities used in
providing such service as well as the development, manufacture, sale,
and distribution of such facilities.
Times interest earned ratio (TIER) means the ratio of the borrower's
net income or net margins plus interest expense, divided by said
interest expense.
Total assets means the sum of the balances of the following accounts
of the borrower:

------------------------------------------------------------------------
Account names Number
------------------------------------------------------------------------
(1) Current Assets........................ 1100s through 1300s
(2) Noncurrent Assets..................... 1400s through 1500s
(3) Total telecommunications plant........ 2001 through 2007
(4) Less accumulated depreciation......... 3100 through 3300s
(5) Less accumulated amortization......... 3400 through 3600s
------------------------------------------------------------------------

Note: All references to account numbers are to the Uniform System of
Accounts (7 CFR part 1770, subpart B).
Total equity or net worth means the excess of a borrower's total
assets over its total liabilities.
Total liabilities means the sum of the balances of the following
accounts of the borrower:

------------------------------------------------------------------------
Account names Number
------------------------------------------------------------------------
(1) Current Liabilities................... 4010 through 4130.2
(2) Long-Term Debt........................ 4210 through 4270.3
(3) Other Liabilities and Deferred Credits 4310 through 4370
------------------------------------------------------------------------

Note: All references to account numbers are to the Uniform System of
Accounts (7 CFR part 1770, subpart B).
Total long-term debt means the sum of the balances of the following
accounts of the borrower:

------------------------------------------------------------------------
Account names Number
------------------------------------------------------------------------
(1) Long-Term Debt........................ 4210 through 4270.3
------------------------------------------------------------------------

Note: All references to account numbers are to the Uniform System of
Accounts (7 CFR part 1770, subpart B).
Weighted-average life of the loans or notes means the average life
of the loans or notes based on the proportion of original loan principal
paid during each year of the loans or notes. It shall be determined by
calculating the sum of all loan or note principal payments expressed as
a fraction of the original loan or note principal amount, times the
number of years and fractions of years elapsed at the time of each
payment since issuance of the loan or note. For example, given a $5
million loan, with a maturity of 5 years and equal principal payments of
$1 million due on the anniversary date of the loan, the weighted-average
life would be: (.2)(1 year) + (.2)(2 years) + (.2)(3 years) + (.2)(4
years) + (.2)(5 years) = .2 years + .4 years + .6 years + .8 years + 1.0
years = 3.0 years. If instead the loan had a balloon payment of $5
million at the end of 5 years, the weighted-average life would be: ($5
million/$5 million)(5 years) = 5 years.
Weighted-average remaining life of the loans or notes means the
remaining average life of the loans or notes based on the proportion of
remaining loan or note principal expressed in years remaining to
maturity of the loans or notes. It shall be determined by calculating
the sum of the remaining principal payments of each loan or note
expressed as a fraction of the total remaining loan or note amounts
times the number of years and fraction of years remaining until maturity
of the loan or note.
Weighted-average remaining useful life of the assets means the
estimated original average life of the assets to be acquired with the
proceeds of the private lender notes expressed in years based on
depreciation rates less the number of years those assets have been in
service (or have been depreciated). It shall be determined by
calculating the sum of each asset's remaining value expressed as a
fraction of the total remaining value of the assets, times the estimated
number of years and fraction of years remaining until the assets are
fully depreciated.
Wholly-owned subsidiary means a corporation owned 100 percent by the
borrower.

[66 FR 41758, Aug. 9, 2001]

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