USDA - RUS |
|
Title of Information Document |
|
|
|
OMB No. |
|
|
|
7 CFR 1717, Subpart D |
|
|
|
0572-0114 |
|
SUMMARY OF INFORMATION COLLECTION |
|
Mergers and Consolidations of |
|
|
|
Date Prepared |
|
|
|
Electric Borrowers |
|
|
|
Apr-09 |
|
INSTRUCTIONS: |
|
(f) TOTAL |
|
(h) TOTAL |
|
(k) TOTAL |
|
Use this form when a single information collection document involves multiple reporting and |
|
- |
= (e) Average |
- |
= (g) Average |
- |
= (j) Average |
recordkeeping requirements. |
|
(d) TOTAL |
|
(f) TOTAL |
|
(i) TOTAL |
|
IDENTIFICATION OF REPORTING AND RECORDKEEPPING REQUIREMENTS |
|
|
|
ANNUAL BURDEN |
|
|
|
|
|
FORM |
|
|
REPORTS |
|
|
|
|
NO(s) |
NO. OF |
NO. OF |
TOTAL |
HOURS |
TOTAL |
SECTION OF |
|
(If "none" |
RESPON- |
RESPONSES |
ANNUAL |
PER |
HOURS |
REGULATIONS |
DESCRIPTION |
so state) |
DENTS |
PER |
RESPONSES |
RESPONSE |
(Col. f & g) |
|
|
|
|
RESPONDENT |
(Col. d & e) |
|
|
(a) |
(b) |
(c) |
(d) |
(e) |
(f) |
(g) |
(h) |
|
|
|
|
|
|
|
|
1717.152 |
I. DOCUMENTATION NEEDED TO LEGALLY CONDUCT BUSINESS WITH A SUCCESSOR |
|
|
|
|
|
|
|
In order for RUS to legally advance funds, send bills, and otherwise conduct business with a |
|
|
|
|
|
|
|
successor following a merger, these documents must be submitted to RUS regardless of the need for |
|
|
|
|
|
|
|
RUS approval of their merger. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A. Transmittal letters from each borrower that is a party to the proposed merger. |
|
12 |
1 |
12 |
2 |
24 |
|
This letter is the formal notification to RUS that the borrower intends to merge. In order to allow RUS |
|
|
|
|
|
|
|
to prepare the necessary documents, the letter must give tentative timeframes. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
B. Board resolution from each borrower and non-borrower party to the proposed merger. |
|
12 |
1 |
12 |
1 |
12 |
|
This resolution affirms the board intention to merge. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C. Documents needed to evidence the proposed merger pursuant to state and local law. |
|
5 |
1 |
5 |
1 |
5 |
|
These docments include copies of the merger plan, articles of incorporation, bylaws, and notices and |
|
|
|
|
|
|
|
filings required by law. Generally these are copies of document filed elsewhere. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
D. Letter from counsel to at least one of the borrowers, prior to the merger. |
|
5 |
1 |
5 |
1 |
5 |
|
This letter describes the merger and indicates the state and local laws under which the merger |
|
|
|
|
|
|
|
will be consummated. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
E. Opinion of counsel, after the merger is effective. |
|
5 |
1 |
5 |
1 |
5 |
|
This letter indicates that the merger has been consummated, and that all documents relating to RUS' |
|
|
|
|
|
|
|
security interest have been filed. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
F. Letter from the successor, after the merger is effective. |
|
5 |
1 |
5 |
1 |
5 |
|
This letter gives the corporate name and address, names of officers, and the taxpayer ID. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
G. Perfection of RUS' lien and executed loan contract. |
|
5 |
1 |
5 |
2 |
10 |
|
RUS will either prepare these documents for the borrower's execution, or give the borrower detailed |
|
|
|
|
|
|
|
instructions. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
RUS Form 36 (07-91) |
|
|
|
|
|
Page 1 of 3 |
|
USDA - RUS |
|
Title of Information Document |
|
|
|
OMB No. |
|
|
|
7 CFR 1717, Subpart D |
|
|
|
0572-0114 |
|
SUMMARY OF INFORMATION COLLECTION |
|
Mergers and Consolidations of |
|
|
|
Date Prepared |
|
|
|
Electric Borrowers |
|
|
|
Apr-09 |
|
IDENTIFICATION OF REPORTING AND RECORDKEEPPING REQUIREMENTS |
|
|
|
ANNUAL BURDEN |
|
|
|
|
|
FORM |
|
|
REPORTS |
|
|
|
|
NO(s) |
NO. OF |
NO. OF |
TOTAL |
HOURS |
TOTAL |
SECTION OF |
|
(If "none" |
RESPON- |
RESPONSES |
ANNUAL |
PER |
HOURS |
REGULATIONS |
DESCRIPTION |
so state) |
DENTS |
PER |
RESPONSES |
RESPONSE |
(Col. f & g) |
|
|
|
|
RESPONDENT |
(Col. d & e) |
|
|
(a) |
(b) |
(c) |
(d) |
(e) |
(f) |
(g) |
(h) |
|
|
|
|
|
|
|
|
1717.153 |
II. TRANSITIONAL ASSISTANCE FOLLOWING MERGERS |
|
|
|
|
|
|
thru |
Some types of transitional assistance are available on the borrower's request, subject to availability |
|
|
|
|
|
|
1717.155 |
of laon funds; Others are subject to RUS approval. (7 CFR 1717.154(a) and (b)). RUS encourages borrowers |
|
|
|
|
|
|
|
to combine documents where possible. For example, if a borrower submits documents under Item I, and |
|
|
|
|
|
|
|
Item II at the same time, a single board resolution addressing both will suffice. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A. Transmittal letter(s) formally requesting the assistance. |
|
12 |
1 |
12 |
2 |
24 |
|
If the request is submitted before the effective date of the merger, a separate letter must be submitted |
|
|
|
|
|
|
|
by each borrower. If the request is submitted afterwords, the request must be from the successor. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
B. Board resolution(s). |
|
12 |
1 |
12 |
1 |
12 |
|
If the request is submitted before the effective date of the merger, a separate letter must be submitted |
|
|
|
|
|
|
|
by each borrower. If the request is submitted afterwords, the request must be from the successor. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C. Merger plan. |
|
12 |
1 |
12 |
1 |
12 |
|
This plan must include a cost benefit analysis of the merger. If the transitional assistance requires |
|
|
|
|
|
|
|
RUS approval, the borrower must explain why the assistance is needed. RUS assumes that any |
|
|
|
|
|
|
|
prudent business conducts this type of analysis before entering into a merger, and that borrowers will |
|
|
|
|
|
|
|
submit copies of analyses prepard for internal use or for the state commissions. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1717.615 |
III. APPLICATIONS FOR RUS APPROVAL OF MERGERS |
|
|
|
|
|
|
|
Pursuant to 7 CFR 1717.615, published December 29, 1995, very few mergesneed RUS approval. RUS |
|
|
|
|
|
|
|
RUS encourages borrowers to conbine documents where possible. See note under Item II. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A. Transmittal letters from all parties to the proposed action. |
|
12 |
1 |
12 |
2 |
24 |
|
This letter is the formal notification to RUS that the borrower intends to merge. In order to allow |
|
|
|
|
|
|
|
RUS to prepare the necessary documents, the letter must give tenative timeframes. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
B. Board resolutions from all parties to the proposed action. |
|
12 |
1 |
12 |
1 |
12 |
|
This resolution affirms the board's intention to merge. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C. Analyses and/or other evidence that the successor will be a viable entity. |
|
5 |
1 |
5 |
1 |
5 |
|
RUS assumes that any prudent business conducts that type of anaysis before entering into a merger, and |
|
|
|
|
|
|
|
that borrowers will submit copies of analyses prepared for internal use or for their state commissions. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
RUS Form 36 (07-91) |
|
|
|
|
|
Page 2 of 3 |
|
USDA - RUS |
|
Title of Information Document |
|
|
|
OMB No. |
|
|
|
7 CFR 1717, Subpart D |
|
|
|
0572-0114 |
|
SUMMARY OF INFORMATION COLLECTION |
|
Mergers and Consolidations of |
|
|
|
Date Prepared |
|
|
|
Electric Borrowers |
|
|
|
Apr-09 |
|
IDENTIFICATION OF REPORTING AND RECORDKEEPPING REQUIREMENTS |
|
|
|
ANNUAL BURDEN |
|
|
|
|
|
FORM |
|
|
REPORTS |
|
|
|
|
NO(s) |
NO. OF |
NO. OF |
TOTAL |
HOURS |
TOTAL |
SECTION OF |
|
(If "none" |
RESPON- |
RESPONSES |
ANNUAL |
PER |
HOURS |
REGULATIONS |
DESCRIPTION |
so state) |
DENTS |
PER |
RESPONSES |
RESPONSE |
(Col. f & g) |
|
|
|
|
RESPONDENT |
(Col. d & e) |
|
|
(a) |
(b) |
(c) |
(d) |
(e) |
(f) |
(g) |
(h) |
|
|
|
|
|
|
|
|
|
D. Regulatory Information. |
|
5 |
1 |
5 |
1 |
5 |
|
Pending Federal or State proceedings pertaining to any of the borrowers partieis that could |
|
|
|
|
|
|
|
have material effects on the successor. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
E. Rate schedules for the successor. |
|
5 |
1 |
5 |
1 |
5 |
|
This includes copies of rate schedules for the successor and information about any pending rate cases |
|
|
|
|
|
|
|
before a state commission. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
F. Area coverage and line extension policies for the successor. |
|
5 |
1 |
5 |
1 |
5 |
|
RUS requires copies of information that distribution borrowers prepare for their own consumers. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
12 |
|
129 |
|
170 |
RUS Form 36 (07-91) |
|
|
|
|
|
Page 3 of 3 |
|