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Government Financing Update
Loan Guarantee Solicitation Announcement

Cooley Government Financing Resource Center

Recovery Act Cooley Alert
Solicitation
Press Release

KEY ATTORNEY CONTACTS

Tom Amis 202/843-7879

Tom Coll 858/550-6013

Alison Freeman-Gleason
206/452-8755

Jim Fulton 650/843-5103

Gordon Ho 650/843-5190

Craig Jacoby 415/693-2147

James Linfield 720/566-4010

Andrew Lustig 703/456-8134

Patrick Mitchell 617/937-2315

Kevin Mullen 202/842-7882

Ryan Naftulin 202/842-7822

Nik Patel 202/843-7856

John Robertson 206/452-8763

Joseph Scherer 415/693-2017

Department of Treasury
Loan Guarantee Program

Federal Loan Guarantees for Commercial Technology Renewable Energy Generation Projects Under the Financial Institution Partnership Program

Application Deadline
Part I submissions may be filed at any time prior to the filing of a Part II submission and will be reviewed on a continuous basis. Deadlines for each of the ten rounds of review for Part II submissions are listed in the table below. Earlier round Part II submissions will enjoy a first mover’s advantage in terms of order of priority of review. Please note: Important information regarding registration and other pre-submission requirements are included in the loan guarantee solicitation announcement (the “Solicitation”). Please refer to the Solicitation for details.

Round Part II Submission
1 Nov 23, 2009
2 Jan 7, 2010
3 Feb 22, 2010
4 Apr 8, 2010
5 May 24, 2010
6 July 8, 2010
7 Aug 23, 2010
8 Oct 7, 2010
9 Nov 22, 2010
10 Jan 6, 2011

Award Instrument: Loan guarantee agreement

Total Funding Available
$750,000,000 available to pay the credit subsidy costs of loan guarantees which could support as much as $4,000,000,000-$8,000,000,000 in lending to eligible projects.

Program Description
This Solicitation under the newly created Financial Institution Partnership Program (“FIPP”) invites the submission of applications for loan guarantees under Title XVII of the Energy Policy Act of 2005 (“Energy Policy Act”) from the Department of Energy (“DOE”) in support of debt financing for renewable energy systems, including incremental hydropower, that generate electricity or thermal energy using commercial technologies and commence construction by September 30, 2011 (“Commercial Technology Renewable Energy Generation Projects”).

Eligible Lender-Applicant
The applicant under this Solicitation must be a financial institution, or one of a group of financial institutions chosen to represent them for the purpose of the commercial project (“Lender-Applicant”). The Lender-Applicant must qualify and serve as “Lead Lender” as defined in Attachment J of this Solicitation by demonstrating its experience originating, underwriting, and servicing loans for comparable commercial projects. The Lender-Applicant and other participating financial institutions, as applicable, will be required to share in a significant amount of the risk of the loan on a pari-passu basis with the DOE as guarantor. The Lender-Applicant and other participating financial institutions, as applicable, are expected to evaluate and receive credit approval for the loan in accordance with standard internal credit policies and procedures for comparable senior debt transactions without DOE guarantee.

Project Requirements
Projects supported by funding under this Solicitation must meet the following requirements:

  • The project commences construction on or before September 30, 2011;
  • Whether structured on a project finance or corporate finance basis, the project has a credit rating from a nationally recognized rating agency of at least a credit rating equivalent of “BB” from Standard & Poor’s or Fitch or “Ba2” from Moody’s, as evaluated without the benefit of any DOE guarantee or any other credit support which would not be available to the DOE;
  • The project utilizes a commercial technology; however, the technology utilized is not required to be an innovative technology, as required in other DOE Loan Guarantee Program solicitations; and
  • The project meets all applicable requirements of Title XVII of the Energy Policy Act (including Section 1705 but excluding Section 1703), the Recovery Act, and this Solicitation, including all Attachments.

The following is a non-exclusive list of project types illustrative of Commercial Technology Renewable Energy Generation Projects:

  • Wind facility
  • Closed-loop biomass facility
  • Open-loop biomass facility
  • Geothermal facility
  • Landfill gas facility
  • Trash-to-energy facility
  • Hydropower facility, including incremental hydropower
  • Solar facility

Application Process
The application process is staged in two consecutive submissions, each organized into six identical sections:

  • Part I: A Lender-Applicant’s Part I submission is expected to provide the DOE with a summary level description of the project, project eligibility, financing strategy, and progression to date in critical path schedules. The DOE’s preliminary assessment of the Part I submission will help each Lender-Applicant “self-select” whether to proceed with the cost and effort of completing a full application, including Part II.
  • Part II: A Lender-Applicant’s Part II submission is expected to provide the DOE with due diligence information requirements and include updated and complete project information.

Fees

Applicants may be charged the following fees to cover the administrative expenses of the DOE’s Loan Guarantee Program:

Fee Amount
Application Fee $50,000, payable by the Lender-Applicant $12,500 (25%) due with Part I
$37,500 (75%) due with Part II
Facility Fee 0.5% of guaranteed amount, payable by the Lender-Applicant 20% upon signing of Term Sheet
80% at closing
Maintenance Fee Anticipated $10,000 to $25,000 each year, payable by the Borrower each year in advance, commencing upon the closing date of the Loan Guarantee Agreement, in the amount specified in the Loan Guarantee Agreement
Credit Subsidy Cost DOE anticipates that it will directly pay, subject to the availability of funds, the Credit Subsidy Cost at or before the closing for eligible projects