<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 05.06.01.07" title_num="05" subtitle_num="06" chapter_num="01" heading="Eligible Borrowers.">
  <text>A limited partnership, corporation, or public agency may qualify as an eligible borrower if, in the determination of the Fund, it:</text>
  <paragraph num="A.">
    <text>Owns, at the closing of the loan, the property in fee simple or controls the property under a leasehold interest under a ground lease satisfactory to the Fund having a term not shorter than the term of the insured loan plus 25 years;</text>
  </paragraph>
  <paragraph num="B.">
    <text>Has all necessary legal and corporate authority to incur the obligations of the insured loan;</text>
  </paragraph>
  <paragraph num="C.">
    <text>Is in good standing and qualified to do business in Maryland;</text>
  </paragraph>
  <paragraph num="D.">
    <text>Can establish to the satisfaction of the Fund the:</text>
    <paragraph num="(1)">
      <text>Financial capacity to complete the development of the project, including the satisfaction of all equity requirements,</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Experience, background, and construction capacity to construct the project, including the ability to provide all required guarantees, collateral, and escrows, and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Managerial capacity to operate the project, together with the financial capacity to meet the normal and typical expenses of ownership;</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Has a general credit standing and an overall financial position acceptable to the Fund after a review of the borrower's:</text>
    <paragraph num="(1)">
      <text>Total obligations,</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Contingent liabilities,</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Operating capital, and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Other relevant information as may be required by the Fund;</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Is not under an order suspending or debarring it from participating in the Department's programs under COMAR 05.01.05, or under any similar order from any other State agency, nor has the Department declined to grant eligibility to an otherwise qualified borrower because the borrower is suspended or debarred from participating in the programs of any federal agency; and</text>
  </paragraph>
  <paragraph num="G.">
    <text>Agrees and certifies that it shall comply with all applicable federal, State, and local laws and Departmental policies and programs regarding discrimination and equal opportunity in employment, housing and credit practices, and drug-free and alcohol-free workplaces, including:</text>
    <paragraph num="(1)">
      <text>Titles VI and VII of the Civil Rights Act of 1964, as amended,</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Title VIII of the Civil Rights Act of 1968, as amended, including the Fair Housing Amendments Act of 1988,</text>
    </paragraph>
    <paragraph num="(3)">
      <text>For projects containing nonresidential uses, the Americans with Disabilities Act of 1990, as amended,</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Governor's Code of Fair Practices, as amended,</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Department's Minority Business Enterprise Plan, as amended, and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Executive Order 01.01.1989.18 relating to drug and alcohol free workplaces, and any Departmental regulations adopted to carry out more specifically the requirements of the Order.</text>
    </paragraph>
  </paragraph>
</regulation>