Nevada Code § 349.590

Prerequisites to financing project: Additional considerations
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Except as otherwise provided in NRS 349.640 , before financing a project
pursuant to subsection 2 of NRS 349.580 ,
the Director and the Board must also:
1. Determine the total amount of money
necessary to be provided by the Director for financing the project.
2. Except as otherwise provided in this
subsection, receive a 5-year operating history from the contemplated lessee,
purchaser or other obligor or from any other enterprise that will make or
guarantee the payment of the principal, premium, if any, and interest on any
bonds issued. An operating history is not required if the bonds:
(a) Are to be sold only to qualified
institutional buyers, as defined in Rule 144A of the Securities and Exchange
Commission, 17 C.F.R. 230.144A, in minimum denominations of at least
$100,000; or
(b) Will receive a rating within one of the top
four rating categories of Moodys Investors Service, Inc., Standard and Poors
Rating Services or Fitch IBCA, Inc.
3. Consider whether the contemplated
lessee, purchaser, other obligor or other enterprise that will make or
guarantee the payment of the principal, premium, if any, and interest on any
bonds issued has received within the 12 months preceding the date of the
findings of the Director, or then has or has not in effect, a rating within one
of the top four rating categories of Moodys Investors Service, Inc., Standard
and Poors Ratings Services or Fitch IBCA, Inc.
4. Identify any existing facilities of a
like nature within the county or city in which the project will be located and
consider the applicability of paragraph (b) of subsection 1 of NRS 349.565 .
5. Consider the extent to which the
project is affected by any federal, state or local governmental action,
activity, program or development.
6. Consider whether the lessee, purchaser,
other obligor or other enterprise of the project has maintained facilities
appropriate to the community in this state for 10 years or longer.

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