SECTION 53.212. Basic Financing Documents

The following shall constitute basic financing documents:

(1) loan agreement or other financing document between the corporation and the user;

(2) trust indenture, bond resolution, or other document, which shall include the following provisions:

(A) terms of the sale of the bonds, i.e., negotiated, competitive or otherwise, identification of the purchaser, whether sold at par or discount;

(B) place and manner of payment for the bonds;

(C) title, aggregate amount, denomination, bond number(s), and purpose of the bonds;

(D) maturity schedule;

(E) payment date(s), interest rate(s), and/or method or formula for setting the interest rate(s);

(F) redemption provisions, if any;

(G) designation of registrar and provisions for registration and transfer of the bonds;

(H) form of bond, including on the face of all bonds a statement to the effect that neither the State of Texas, nor a political subdivision or agency of the State of Texas, including the sponsoring entity is obligated to pay the bonds or the interest thereon and that neither the faith and credit nor the taxing power of the State of Texas, the sponsoring entity, nor any other political subdivision, or agency of the State of Texas is pledged to the payment of the principal of or interest or any redemption premium on the bonds;

(I) pledge and source of payment of the bonds and disposition of the bond proceeds;

(J) creation and designation of all funds relating to the disposition of bond proceeds and to the payment and security for the bonds;

(K) authorization to use official seal on the bonds and for the appropriate officers to sign the bonds and the form of such signature and seal (manual and/or facsimile); and

(L) specific description of the health facility to be financed or refinanced which includes a general, functional description of the type and use of the health facility; the owner, operator, or manager of the health facility and the prospective location of the health facility by its street address or, if none, by a general description of its specific location;

(3) credit agreement or other documents such as tender agent agreement, remarketing agreement, or other agreements which provide or facilitate credit enhancement for the bonds, if any, or govern provisions of the bonds. If the corporation is not a party to such agreements, they need only be submitted in substantially final form, unexecuted;

(4) guarantee agreement or other documents guaranteeing the bonds, if any;

(5) official statement (or preliminary official statement if the official statement is not available) or other offering document and official notice of sale, if any;

(6) bond purchase agreement, if any;

(7) deed of trust or other mortgage documents, if any, in substantially final form, unexecuted.

Source Note: The provisions of this §53.212 adopted to be effective November 14, 1990, 15 TexReg 6289.