2201.19—Loan terms.
(a)
All Loans guaranteed under the Program shall be due and payable in full no later than the earlier of 25 years from date of the closing of the Loan or the economically useful life of the primary Assets to be used in delivery of the signals concerned, as determined by the Board.
(1)
Bear a rate of interest determined by the Board to protect the financial interests of the United States and to be reasonable. This determination will be based on the Board's comparison of the:
(i)
Difference, or interest rate spread, between the interest rate on the Loan sought to be guaranteed and the current average yield on outstanding marketable obligations of the United States of comparable maturity; and
(ii)
The interest rate spread between the rates on recently issued and similarly rated and structured obligations and the current yields on outstanding marketable obligations of the United States of comparable maturity.
(2)
Have terms that, in the judgment of the Board, are consistent in material respects with the terms of similar obligations in the private capital market.
(c)
So long as any principal and interest is due and payable on a Loan guaranteed under the Act, a Borrower shall:
(2)
Not make any discretionary dividend payments that impair its ability to repay obligations guaranteed under the Act;