N.Y. Public Health Law § 2873: Regulation of eligible borrowers

§ 2873. Regulation of eligible borrowers. 1. Every eligible borrower,

as a condition precedent to borrowing funds from the agency, shall enter

into a regulatory agreement with the commissioner which shall provide:

(a) that the real property or other assets mortgaged or otherwise

pledged to the agency shall not be sold, leased, transferred, encumbered

or assigned without the prior consent of the commissioner until the

eligible borrower shall have repaid in full all obligations due to the

agency and has paid such other obligations as may be required by the

commissioner provided, however, the provisions of this paragraph shall

not apply to any actions taken pursuant to section twenty-eight hundred

seventy-nine of this article;

(b) that the eligible borrower will maintain books and records and a

system of accounts satisfactory to the commissioner and the agency

including but not limited to separate books, records and accounts for

(i) all monies advanced to the eligible borrower by the agency or from

any other source or sources, public or private, for the construction,

reconstruction, rehabilitation, improvement or equipment of the project

and (ii) all monies repaid in satisfaction of any indebtedness to the

agency or other indebtedness as required by the commissioner; and the

eligible borrower agrees that all of its books, records and accounts

shall be open to examination by the commissioner and the agency at any

time;

(c) that the eligible borrower shall file with the commissioner and

the agency such financial statements including an annual report setting

forth such information as the commissioner may require;

(d) that the eligible borrower shall not acquire any real property or

interest therein for the purpose of constructing, reconstructing,

rehabilitating or improving a hospital project without first having

obtained from the commissioner a certificate that such acquisition is

consistent with the purposes of this article;

(e) that the eligible borrower shall not issue notes, bonds,

debentures or other obligations other than for money or property

actually received for the use and lawful purposes of the eligible

borrower and no such note, bond, debenture or other obligation shall

constitute a lien or encumbrance against the project, or any real

property or other asset mortgaged or otherwise pledged to the agency,

provided, however, that a hospital constituting an eligible borrower may

incur, assume or guarantee indebtedness from a lender other than the New

York state medical care facilities finance agency or incur or assume

indebtedness from the New York state medical care facilities finance

agency under a separate bond resolution pursuant to the provisions of

section five-c of the New York state medical care facilities finance

agency act;

(f) that the eligible borrower shall not without first having obtained

the written consent of the commissioner:

(i) construct, reconstruct, rehabilitate, improve, alter or repair the

project or enter into a contract therefor;

(ii) enter into contracts relating to the management or operation of

the project;

(iii) make a guaranty of payment out of monies pledged to the agency

or pledge any or all of its assets, income or revenue pledged to the

agency to secure payment of its obligations;

(iv) voluntarily dissolve;

(g) that no member, officer or employee of the corporation which is an

eligible borrower shall acquire any interest, direct or indirect, in any

property then or thereafter included or planned to be included in a

project, nor retain any interest direct or indirect in any property

acquired subsequent to his appointment or employment which is later

included or planned to be included in a project. If any member, officer

or employee of a corporation which is an eligible borrower owns or

controls an interest, direct or indirect, in any property included in a

project which was acquired prior to his appointment or employment, he

shall disclose such interest and the date of acquisition to the

corporation and such disclosure shall be entered upon the minutes of

such corporation and a copy of such minutes shall be forwarded to the

commissioner;

(h) that all income and earnings of the eligible borrower shall be

used exclusively for its corporate purposes;

(i) that no part of the net income or earnings of the corporation

shall inure to the benefit or profit of any private individual, firm or

corporation;

(j) such other matters as the commissioner or the agency may require.

2. This regulatory agreement shall terminate at any time after the

expiration of twenty years after the occupancy date, or such earlier

date as the bonds issued by the agency with respect to the hospital

project are subject to redemption, upon the consent of the commissioner

and upon the repayment in full of all obligations due to the agency and

of such other obligations as the commissioner may require.