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003.19.7-2. AEDC's Responsibilities under the ELP.

AR ADC 003.19.7-2Arkansas Administrative CodeEffective: November 30, 2020

West's Arkansas Administrative Code
Title 003. Department of Commerce
Division 19. Economic Development Commission
Rule 7. Developmental Disabilities Provider Emergency Loan Program
Effective: November 30, 2020
Ark. Admin. Code 003.19.7-2
003.19.7-2. AEDC's Responsibilities under the ELP.
A. AEDC shall conduct a review of Provider's business financial statements and any other documents germane to a prudent lender review and satisfy itself as to the credit worthiness of Provider. In making its determination of credit worthiness, AEDC shall be permitted to take into account the current economic circumstances due to COVID-19 to the extent those circumstances may have affected Provider's credit worthiness. AEDC may also consider the likelihood of loan forgiveness pursuant to these rules in assessing Provider's credit worthiness.
B. AEDC will document the loan using forms of loan agreements and promissory notes as is customary for loans of the amounts and duration available under the ELP.
C. AEDC shall maintain all the loan instruments in its files pursuant to its record keeping policies, receive all payments of principal and interest on the loan, and take any other action as may be required or appropriate to administer and service the loan in accordance with the normal practices of prudent lenders for the type and amount of the loan, including, without limitation:
1. Make or consent to any transfer or assignment of the loan and any note or interest therein or any material alteration in the terms of any loan instrument;
2. Modify any repayment terms;
3. Waive or release any claim against the borrower, surety, guarantor, or other obligor, or any other creditor of trustee in bankruptcy, arising out of any loan instrument; and
4. Pursue collection of any unpaid amounts owing under a loan, including the commencement of legal proceedings against a Provider.

Credits

Adopted emergency effective July 24, 2020. Amended Nov. 30, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 003.19.7-2, AR ADC 003.19.7-2
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