7 USC 936a - Prepayment of loans

U.S Code last checked for updates: Nov 23, 2024

§ 936a.

Prepayment of loans

(a)

Conditions for prepayment

Except as provided in subsection (c), a borrower of a loan made by the Federal Financing Bank and guaranteed under section 936 of this title may prepay such loan (or any loan advance thereunder) by paying the outstanding principal balance due on the loan (or advance), if—

(1)

the loan is outstanding on July 2, 1986;

(2)

private capital, with the existing loan guarantee, is used to replace the loan; and

(3)

the borrower certifies that any savings from such prepayment will be passed on to its customers or used to improve the financial strength of the borrower in cases of financial hardship.

(b)

Charges on prepayment prohibited

(c)

Disqualification for prepayment on finding of adverse affect on Federal Financing Bank

(1)

A borrower will not qualify for prepayment under this section if, in the opinion of the Secretary of the Treasury, to prepay in such borrower’s case would adversely affect the operation of the Federal Financing Bank.

(2)

Paragraph (1) shall be effective in fiscal year 1987 only for any loan the prepayment of the principal amount of which will cause the cumulative amount of net proceeds from all such prepayments made during such year to exceed $2,017,500,000.

(d)

Amount of permissible prepayments; establishment of eligibility criteria

(1)

The Secretary shall permit, subject to subsection (a), prepayments of principal on loans in fiscal year 1987 under this section or Public Law 99–349 in such amounts as to realize net proceeds from all such prepayments in fiscal year 1987 in an amount not less than $2,017,500,000.

(2)

The Secretary shall establish—

(A)

eligibility criteria to ensure that any loan prepayment activity required to be carried out under this subsection will be directed to those cooperative borrowers in greatest need of the benefits associated with prepayment, as determined by the Secretary; and

(B)

such other eligibility criteria as the Secretary determines are necessary to carry out this subsection.

(e)

Assignability and transferability of guarantees of loans

(May 20, 1936, ch. 432, title III, § 306A, as added Pub. L. 99–509, title I, § 1011(a), Oct. 21, 1986, 100 Stat. 1875; amended Pub. L. 103–354, title II, § 235(a)(7), (13), Oct. 13, 1994, 108 Stat. 3221.)

cite as: 7 USC 936a