RUS Form 36

Form 36 - 0572-0114_2015.xlsx

7 CFR Part 1717, Subpart D, Mergers and Consolidations of Electric Borrowers

RUS Form 36

OMB: 0572-0114

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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


Oct-15
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.
10 1 10 2 20

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.
10 1 10 1 10

This resolution affirms the board intention to merge.









C. Documents needed to evidence the proposed merger pursuant to state and local law.
4 1 4 1 4

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.
4 1 4 1 4

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.
4 1 4 1 4

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.
4 1 4 1 4

This letter gives the corporate name and address, names of officers, and the taxpayer ID.









G. Perfection of RUS' lien and executed loan contract.
4 1 4 2 8

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


Oct-15
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 loan 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.
10 1 10 2 20

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 afterwards, the request must be from the successor.











B. Board resolution(s).
10 1 10 1 10

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 afterwards, the request must be from the successor.











C. Merger plan.
10 1 10 1 10

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 prepared 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 merges need RUS approval.



RUS encourages borrowers to conbine documents where possible. See note under Item II.







A. Transmittal letters from all parties to the proposed action.
10 1 10 2 20

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 resolutions from all parties to the proposed action.
10 1 10 1 10

This resolution affirms the board's intention to merge.











C. Analyses and/or other evidence that the successor will be a viable entity.
4 1 4 1 4

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


Oct-15
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. 4 1 4 1 4
Pending Federal or State proceedings pertaining to any of the borrowers parties that could





have material effects on the successor.







E. Rate schedules for the successor.
4 1 4 1 4

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.
4 1 4 1 4

RUS requires copies of information that distribution borrowers prepare for their own consumers.















































































































10 10.60 106 1.32 140
RUS Form 36 (07-91)




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