Poindexter Surety is headquartered in Raleigh, North Carolina, with regional representatives and subagencies in over twenty states.
This means staff must take more than a casual interest in the transaction. While the Issuer will hire various finance professionals to assist in the structuring of the transaction and the preparation of various legal documents and financial analysis, staff must also have a firm understanding of the commitments made on behalf of their organization.
When the transaction closes, the financing team will move on and the public agency will be left with a number of ongoing commitments.
If staff cannot explain the structure and obligations of the transaction to their governing board, the deal most likely should not be done. While it may only be a few basis points, the decision to accept or reject a proposed pricing scale could mean the difference of hundreds of thousands of dollars in interest expense over the life of the bonds.
Once the sale is completed and bids accepted, the designated staff will sign a bond purchase agreement. Following this, the lawyers will finalize the remaining legal documents which will be signed a day or two before the actual closing of the transaction.
Depending upon the structure, consulting with external auditors may be advised. In addition, setting up a tickler file with key dates of when bond payments are due and when continuing disclosure information needs to be filed is extremely useful.
During the period when there are unspent bond proceeds or reserve funds, staff will want to determine how these funds should be invested.
This may be with the help of a third party, the purchase of a guaranteed investment contract, providing specific investment instructions to the Trustee, or in some instances, managing the funds directly in-house.
Federal tax laws, in most instances, will require Issuers to rebate any net positive arbitrage earned on the investments of the bond proceeds. As such, staff will need to track interest earnings, offset by the true interest costs, in order do the calculations.
Finally, the organization needs to keep detailed records as to how the bond proceeds were spent. First of all, when the original bond documents were signed, staff acknowledged that there was a reasonable expectation that the bond proceeds will be spent within a three year period.
If this does not happen, the issuing agency will be required to yield restrict the investments of any remaining unspent bond proceeds. In addition, it is important to be able to report the use of bond proceeds to the governing board and the general public, should the transaction ever be audited by the IRS.
Alternative Financing Products In addition to traditional municipal bonds, a number of alternatives are available to Issuers. These financing tools carry special considerations, as described briefly below. These financing tools may be more or less appropriate for less frequent Issuers and — as with municipal bonds — a Municipal Advisor and Bond Counsel should be consulted before proceeding.
Commercial Paper is a fixed-income instrument that matures in days or less. This short-term instrument can be a viable alternative for to the more traditional long term debt and may be an appropriate source of funding for the design and construction phase of a project or projects with the long term debt being issued once there is more certainty as to the completion of the project.
While perhaps supported by one or more dedicated revenue streams, commercial paper is an unsecured form of a promissory note that pays a fixed rate of interest. The commercial paper may be rolled into a new commercial paper at maturity and is typically backed by a letter of letter issued by a bank.
As with any other type of bond or debt instrument, the issuing entity offers the paper assuming that it will be in a position to pay both interest and principal by maturity. One significant aspect of commercial paper is that it is negotiable, which means that it can be freely transferred traded from one party to another.
Bank Loans can take on many forms and can typically be structured to provide the Issuer with flexibility regarding duration and repayment. A bank loan may carry a fixed or variable interest rate, in which interest may be repaid in equal payments over a fixed period of time, or there may be interest only with a balloon payment at maturity.
In addition, bank loans can be structured as a revolving line of credit. This means the borrower can draw on the funds up to the loan amount, pay some or all of the loan back, and then redraw funds all during the term of the loan.
Typically bank loans are for a shorter duration than traditional bond sales and are usually in the five to ten year duration, though some banks may be willing to go as long as 20 years. The legal work involved in preparing loan documents is more straightforward and thus less expensive than a traditional bond deal.
While bank loans should be disclosed as part of a debt portfolio, they have no disclosure or continuing disclosure requirements. The duration of inter-fund borrowing may also be limited in duration.
If permitted, this may be a quick, flexible and inexpensive way to do some short-term borrowing for necessary projects or equipment.NEGOTIATED SALES In negotiated sales, municipal bonds are issued under an exclusive agreement with the underwriter or underwriting syndicate, which is selected by the issuer through a proposal.
As a result the underwriter will insist on having a market out clause in the underwriting agreement. A market out clause would free the underwriter from their obligation to purchase all of the securities in the event of a development that impairs the quality of the securities or that adversely affects the issuer.
Glossary of Bond Terms Glossary of Bond Terms. A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z. accreted value.
Bond Issue Underwriting Agreement means the agreement entered into by the Issuer and the Bond Issue Underwriter as evidenced in deed dated the fifth day of April two thousand seven (). The Bond Purchase Agreement is made between two parties; one of whom is the “Underwriter” or the Purchaser of the bonds and the other is the Issuer of the Bonds.
This agreement constitutes the purchase price of the bonds, defines terms like indenture and rebate agreement, resolution amendments, and the execution and delivery of the . Contract Surety Bond Quick Application; Credit Report Authorization; Personal Financial Statement; Business Financial Statement; Certificate of Liability Insurance.