Sec. 30. (a) Upon receipt by the corporation of a claim filed by the lender, the corporation shall, within ten (10) business days, pay or authorize the lender to withdraw from the reserve fund the amount of the claim as submitted, unless the corporation reasonably determines that:
(1) the information provided by the lender to the corporation under this chapter was known by the lender to be false; or
(2) the lender is not otherwise in substantial compliance with this chapter or the agreement with the corporation.
(b) If there is insufficient money in the reserve fund to cover the entire amount of the lender's claim, the corporation shall pay to the lender or authorize the lender to withdraw an amount equal to the current balance in the reserve fund, and the following apply:
(1) If the enrolled loan for which the claim has been filed is not an early loan, the payment fully satisfies the claim, and the lender has no right to receive any further amount from the reserve fund with respect to that claim.
(2) If the enrolled loan for which the claim has been filed is an early loan, the corporation, upon request of the lender, shall, out of any future funds that are transferred into the reserve fund on subsequently enrolled loans, pay the remaining balance of the claim upon finding that:
(A) the partial payment has not satisfied the lender's claim; and
(B) the remaining balance of the claim is not greater than seventy-five percent (75%) of the balance in the reserve fund at the time the request for payment by the lender is received by the corporation.
As added by P.L.162-2007, SEC.24.
Structure Indiana Code
Title 5. State and Local Administration
Article 28. Indiana Economic Development Corporation
Chapter 29. Capital Access Program
5-28-29-2. "Amount"; "Proceeds"
5-28-29-4. "Capital Access Account"
5-28-29-10. "Passive Real Estate Ownership"
5-28-29-13. Establishment; Purpose
5-28-29-15. Lender Eligibility
5-28-29-18. Loan Enrollment; Lender Actions
5-28-29-19. Loan Enrollment; Corporation Actions
5-28-29-20. Loan Enrollment; Partial Coverage Under the Program
5-28-29-22. Effect of Zero Balances; Effect of Recovery Under the Bankruptcy Laws
5-28-29-23. Creation of Reserve Fund Accounts
5-28-29-24. Sufficient Funds Required
5-28-29-26. Reserve Fund; Corporation Control
5-28-29-27. Reserve Fund; Corporation Pledges
5-28-29-28. Reserve Fund; Transaction Reports; Records
5-28-29-30. Claims; Processing
5-28-29-31. Claims; Subsequent Lender Recovery
5-28-29-32. Claims; Subrogation