KRS 154.20-580: Definitions for KRS 154.20-580 to 154.20-589.

As used in KRS 154.20-580 to 154.20-589:

(1) "Approved costs" may include, as approved by the qualified lender:

(a) Obligations incurred for labor and materials in connection with the

acquisition, construction, equipping, rehabilitation, and installation of an

eligible company;

(b) The cost of contract bonds and any insurance that may be required or

necessary during the course of acquisition, construction, equipping,

rehabilitation, and installation of an eligible company which is not paid by

a vendor, supplier, deliveryman, contractor, or otherwise provided;

(c) All costs of architectural and engineering services, including estimates,

plans and specifications, preliminary investigations, and supervision of

construction, rehabilitation, and installation, including the performance of

all the duties required by or consequent upon the acquisition,

construction, equipping, rehabilitation, and installation of an eligible

company;

(d) All costs required to be paid under the terms of any contract for the

acquisition, construction, equipping, rehabilitation, or installation of an

eligible company;

(e) All costs required for the installation of utilities, including water, sewer,

sewer treatment, gas, electricity, communications, railroads, and any

off-site construction of the facilities to be paid by the eligible company;

(f) All costs required for the operating of the eligible company, including

inventory, furniture, equipment, labor, and other incidental costs for

startup or enhancement of the eligible company, if the location has been

completed;

(g) Ongoing and future operating expenses; and

(h) Any other necessary and reasonable costs;

(2) "Commercial loan" means an agreement between an eligible company and one

(1) or more qualified lenders for approved costs;

(3) "Cooperative lender" means a not-for-profit consortium of qualified lenders;

(4) "Eligible company" means:

(a) Any corporation, limited liability company, partnership, limited partnership,

sole proprietorship, business trust, or any other entity that experienced

direct or indirect loss from the December 2021 storms and tornadoes that

occurred in the west Kentucky region and have or had an existing or

proposed business located in the counties which were declared disaster

relief areas by any state or federal agency; or

(b) The successor of the entity under paragraph (a) of this subsection in

interest or business activity;

(5) "Final approval" means the approval of the commercial loan after underwriting

by the qualified lender, in accordance with internal underwriting standards, and

subject to the qualified lenders terms and conditions;

(6) "Inducement" means payments from the western Kentucky risk assistance fund

created in KRS 154.20-589; and

(7) "Qualified lender" means a cooperative lender or a depository institution as

defined in 12 U.S.C. sec. 1813(c), which has a physical presence in the

Commonwealth and is currently in good standing as reported by the

Department of Financial Institutions.