§ 15-20-801 - Definitions. - Arkansas Statutes

15-20-801. Definitions.

As used in this subchapter:

(1) "Commission" means the Arkansas Natural Resources Commission;

(2) "Fairness opinion" means a written opinion by the commission's financial advisor stating that the proposed transaction is structured in a commercially reasonable manner and that the commission is receiving fair, adequate, and equitable consideration in exchange for the sale or pledge of the loans;

(3) "Financial advisor" means any entity, either private or governmental, that routinely provides advice to governmental entities regarding their capital improvement and financial needs;

(4) "Investors" means any individuals, institutions, or other entities that acquire an interest in loans to be sold or pledged by the commission;

(5) "Loans" means those obligations owed to and owned by the commission pursuant to those financial assistance programs that the commission may administer from time to time;

(6) "Pledge" means to pledge, encumber, mortgage, hypothecate, or otherwise grant a security interest in;

(7) "Pool" means to gather together into a single portfolio;

(8) "Sell" means to grant, transfer, convey, dispose of, or otherwise alienate; and

(9) "Transaction enhancement" means any form of insurance, any contractual provision, any fund, or any other obligation that may be supplied by either the commission or any third party which shall serve to enhance the creditworthiness of the pool.