Borrower eligibility will be determined according to the provisions of this section in lieu of Sec. 4279.108.
(a) Eligible entities. To be eligible, a borrower must meet the requirements specified in paragraphs (a)(1) and (a)(2) of this section, as applicable.
(1) Type of borrower. The borrower must be one of the following:
(i) An individual;
(ii) An entity;
(iii) An Indian tribe;
(iv) A unit of State or local government;
(v) A corporation;
(vi) A farm cooperative;
(vii) A farmer cooperative organization;
(viii) An association of agricultural producers;
(ix) A National Laboratory;
(x) An institution of higher education;
(xi) A rural electric cooperative;
(xii) A public power entity; or
(xiii) A consortium of any of the above entities.
(2) Legal authority and responsibility. Each borrower must have, or obtain before loan closing, the legal authority necessary to construct, operate, and maintain the proposed facility and services and to obtain, give security for, and repay the proposed loan.
(b) Ineligible entities. A borrower will be considered ineligible for a guarantee if the borrower, any owner with more than 20 percent ownership interest in the borrower, or any owner with more than 3 percent ownership interest in the borrower if there is no owner with more than 20 percent ownership interest in the borrower:
(1) Has an outstanding judgment obtained by the U.S. in a Federal Court (other than U.S. Tax Court),
(2) Is delinquent on the payment of Federal income taxes,
(3) Is delinquent on a Federal debt, or
(4) Is debarred or suspended from receiving Federal assistance.