§ 689d - Debentures

CHAPTER 14B— SMALL BUSINESS INVESTMENT PROGRAM › SUBCHAPTER III— INVESTMENT DIVISION PROGRAMS

(a) The Administrator may guarantee the timely payment of principal and interest, as scheduled, on debentures issued by any New Markets Venture Capital company.

(b) The Administrator may make guarantees under this section on such terms and conditions as it deems appropriate, except that the term of any debenture guaranteed under this section shall not exceed 15 years.

(c) The full faith and credit of the United States is pledged to pay all amounts that may be required to be paid under any guarantee under this part.

(d)(1) Under this section, the Administrator may guarantee the debentures issued by a New Markets Venture Capital company only to be [Fn: So in original. Probably should be “the”.] extent that the total face amount of outstanding guaranteed debentures of such company does not exceed 150 percent of the private capital of the company, as determined by the Administrator.

(d)(2) For the purposes of paragraph (1), private capital shall include capital that is considered to be Federal funds, if such capital is contributed by an investor other than an agency or department of the Federal Government.

(e)(1) In this subsection, the term “covered New Markets Venture Capital company” means a New Markets Venture Capital company—

(e)(1)(A) granted final approval by the Administrator under section 689c(e) of this title on or after March 1, 2002; and

(e)(1)(B) that has obtained a financing from the Administrator.

(e)(2) Except to the extent approved by the Administrator, a covered New Markets Venture Capital company may not acquire or issue commitments for securities under this subchapter for any single enterprise in an aggregate amount equal to more than 10 percent of the sum of—

(e)(2)(A) the regulatory capital of the covered New Markets Venture Capital company; and

(e)(2)(B) the total amount of leverage projected in the participation agreement of the covered New Markets Venture Capital.

Notes

Editorial Notes

Amendments

2010—Subsec. (e). Pub. L. 111–240 added subsec. (e).