25.303—Closing procedure.
(a) FMS loans held by DSAA.
(1)
After the Treasury has processed Parts I and II of
a prepayment application regarding an Eligible FMS
Loan made by DSAA or an Eligible FMS Advance on
account of an FMS Loan made by DSAA, as the case
may be, DSAA will communicate with the Borrower's
contact person identified in Part V of the
prepayment application to establish a Closing Date
mutually agreeable to the Borrower and DSAA. DSAA
will inform the Borrower of the final amount of
the Total Permitted Prepayment Amount, or the
portion thereof which the Borrower has selected to
prepay, as of the Closing Date established. The
determination by DSAA of the final amount of the
Total Permitted Prepayment Amount, or the portion
thereof which the Borrower has selected to prepay,
shall be conclusive.
(2)
On the Closing Date, the Guaranty will be
attached to the Private Loan Note or the Private
Loan Portion Notes, as the case may be, the
Private Loan shall be funded, and the Total
Permitted Prepayment Amount, or the portion
thereof which the Borrower has selected to prepay,
will be prepaid.
(3)
The attachment of the Guaranty to the
Private Loan Note or the Private Loan Portion
Notes, as the case may be, will take place at such
location as may be designated by the mutual
agreement of the Borrower and DSAA.
(4)
Prior to 1:00 p.m. prevailing local time in
New York, New York, on the Closing Date,
immediately available funds in amounts sufficient
to prepay the Total Permitted Prepayment Amount,
or the portion thereof which the Borrower has
selected to prepay, shall be transferred by
electronic funds transfer to DSAA at the Treasury
Department account at the Federal Reserve Bank of
New York. The funds transfer message must include
the following credit information:
United States Treasury, New
York, New York, 021030004, TREAS NYC/ (5037).
For credit to the Defense
Security Assistance Agency, The Pentagon,
Washington, DC 20301-2800.
Code of Federal Regulations
(b) FMS Loans held by the FFB.
(1)
After the Treasury Department has processed
Parts I and II of a prepayment application
regarding an Eligible FMS Loan made by the FFB and
guaranteed by DSAA or an Eligible FMS Advance on
account of an FMS Loan made by the FFB and
guaranteed by DSAA, as the case may be, the FFB
will communicate with the Borrower's contact
person identified in Part V of the prepayment
application to establish a Closing Date mutually
agreeable to the Borrower, the FFB, and DSAA. The
FFB will inform the Borrower of the final amount
of the Total Permitted Prepayment Amount, or the
portion thereof which the Borrower has selected to
prepay, as of the Closing Date established. The
determination by the FFB of the final amount of
the Total Permitted Prepayment Amount, or the
portion thereof which the Borrower has selected to
prepay, shall be conclusive.
(2)
On the Closing Date, the Guaranty will be
attached to the Private Loan Note or the Private
Loan Portion Notes, as the case may be, the
Private Loan will be funded, and the Total
Permitted Prepayment Amount, or the portion
thereof which the Borrower has selected to prepay,
will be prepaid.
(3)
The attachment of the Guaranty to the
Private Loan Note or the Private Loan Portion
Notes, as the case may be, will
take place at such location as may be designated
by the mutual agreement of the Borrower and
DSAA.
(4)
Prior to 1:00 p.m. prevailing local time in
New York, New York, on the Closing Date,
immediately available funds in amounts sufficient
to prepay at par the Permitted Prepayment Amount,
or the portion thereof which the Borrower has
selected to prepay, shall be transferred by
electronic funds transfer to the Treasury
Department account at the Federal Reserve Bank of
New York. The funds transfer message must include
the following credit information:
United States Treasury, New
York, New York, 021030004, TREAS NYC/
(20180006).
For credit to the Federal
Financing Bank, Room 143, Liberty Center Building,
401 14th Street SW., Washington, DC 20227.
Code of Federal Regulations
(c) Changes in the closing date.
If a Borrower does not prepay the Total Permitted
Prepayment Amount or the portion thereof which the
Borrower has selected to prepay, on the mutually
agreed upon Closing Date, the Borrower may prepay
the Total Permitted Prepayment Amount, or the
portion thereof which the Borrower has selected to
prepay, on a new Closing Date, provided that the new Closing Date is
mutually agreeable to all interested parties, and
provided, further, that the Borrower
prepays such amount in accordance with the
approved prepayment application, adjusted for
changes in accrued interest.