Subordination of security.

CFR · 2024-01-01 · US · Title 7

(a) (1) The loan will still be adequately secured after the subordination, or the value of the loan security will be increased by the amount of advances to be made under the terms of the subordination. (2) The borrower can document the ability to pay all debts including the new loan. (3) The action does not change the nature of the borrower's activities to the extent that they would no longer be eligible for a Minor Program loan. (4) The subordination is for a specific amount. (5) The borrower is unable, as determined by the Agency, to refinance its loan and graduate in accordance with this subpart. (6) The loan funds will not be used in such a way that will contribute to erosion of highly erodible land or conversion of wetlands for the production of an agricultural commodity according to part 799 of this chapter. (7) The borrower has not been convicted of planting, cultivating, growing, producing, harvesting or storing a controlled substance under Federal or state law. “Borrower,” for purposes of this subparagraph, specifically includes an individual or entity borrower and any member of an entity borrower. “Controlled substance,” for the purpose of this subparagraph, is defined at 21 CFR part 1308. The borrower will be ineligible for a subordination for the crop year in which the conviction occurred and the four succeeding crop years. An applicant must attest on the Agency application form that it, and its members if an entity, have not been convicted of such a crime. (b) (1

official document · source cfr-2024 · id 7:§ 772.6