LETTER TEMPLATE TO PROJECTS MOVING FORWARD IN **** PROCESS
DATE, 2011
NAME
ORGANIZATION
ADDRESS
CITY, ST ZIP
Dear NAME:
Thank you for your ongoing interest in the Section 1705 loan guarantee program. To date, under the 1705 program, the Department of Energy (“DOE”) has issued conditional commitments totaling almost $11 billion to nineteen clean energy projects with total project costs of over $16 billion. These projects will support the development of our nation’s 21st century clean energy economy and create thousands of good- paying jobs.
As you know, the program’s limited appropriations (commitments already made will likely utilize approximately two-thirds of the program’s appropriated funds), deep pool of quality applicants, and statutorily imposed September 30, 2011 expiration date, mean that not all projects under consideration will ultimately receive a loan guarantee. We are, therefore, focused on ensuring that we leverage the remaining funds as effectively as possible in the brief time that remains. We believe that it remains possible for your project to reach financial close by the September 30th deadline, assuming you can continue to meet important deadlines in the short timeframe that remains. While we remain committed to working closely with your team to move your project forward, we want to reiterate that there is no guarantee that your project will meet all of the rigorous financial, technical, legal, and logistical requirements by that date.
To ensure that a project has a reasonable prospect of closing by the statutorily imposed deadline, we have determined that it will need to be reviewed and recommended for a conditional commitment by our Credit Review Board by June 16, 2011. Thus, your continued responsiveness to our requests in the coming days and weeks will be of critical importance.
As you know, in order to complete our diligence and underwriting, DOE has engaged outside advisors. You will continue to be obligated to pay the fees and expenses of DOE’s advisors whether or not your project is eventually approved for a conditional commitment or a loan guarantee. Nothing in this letter constitutes a commitment or otherwise obligates the DOE to issue a conditional commitment or a loan guarantee for the project, or to recommend the project for approval of a conditional commitment. The DOE shall have no liability or obligation of any kind to you or any of your affiliates in the event that a conditional commitment or a loan guarantee is not issued for your project. We look forward to continuing to work together as your application progresses. Sincerely,
Jonathan Silver
Executive Director, Loan Programs Office