Basin Electric Power Cooperative - Page 25

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          would require calculation of the minimum annual basic rent                  
          payable by petitioner on the basis of the annual debt service of            
          newly issued tax-exempt bonds bearing the interest rate for such            
          bonds extant at that time.  By January 1992, interest rates on              
          newly issued tax-exempt bonds had declined dramatically to                  
          approximately 6.5 percent from the 10.5 percent rate extant in              
          1984 when Mercer County issued the 1984 tax-exempt bonds.                   
          Petitioner determined from the refinancing study that if the 1985           
          sale and leaseback were modified to require petitioner to pay               
          minimum annual basic rent calculated by reference to tax-exempt             
          bonds issued in early 1992, its minimum annual basic rent obliga-           
          tion would be decreased by approximately $4.2 million.  Conse-              
          quently, petitioner concluded that it would attempt to effect a             
          modification of the 1985 sale and leaseback in order to achieve             
          such a substantial reduction in its minimum annual basic rent               
          obligation.                                                                 
               There were three significant hurdles that petitioner faced             
          in achieving its objective of modifying the 1985 sale and                   
          leaseback in order to reduce substantially its minimum annual               
          basic rent obligation.  First, pursuant to the terms of the 1984            
          tax-exempt bonds, such bonds were not redeemable before December            
          30, 1994.  Second, the 1985 sale and leaseback did not allow                
          petitioner to require Mercer County to redeem the 1984 tax-exempt           
          bonds.  Third, although each owner participant had the right                






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Last modified: May 25, 2011