Understanding Bond Documents
12
service on the bonds. Therefore, an Official Statement for general obligation bonds
provides detailed information regarding the issuer. It includes demographic and economic
data regarding the governmental unit, the tax base and tax rate(s), audited financial data
(including financial statements for last 2-3 years), proposed budgets and other
information which would describe the creditworthiness of the issuer. Generally speaking,
most of this information should not be of much concern to you. This is because you are
examining the financing and not the governmental unit. Moreover, by the time the
financing is under examination, the information is stale. However, this information may
be helpful if you are trying to ascertain the "reasonable intent" of the issuer at the time of
the financing.
(4) The Project
In the case of governmental revenue bonds, e.g.
, bonds issued for a sewer system,
housing project owned by the municipality, municipal office building, or courthouse, the
section captioned "The Issuer", similar to an Official Statement for a conduit financing,
contains minimal information. This is because in a governmental revenue bond the debt
service on the bonds is secured by the revenues generated from the project rather than the
taxing powers of the issuer. However, unlike a conduit financing, additional information
regarding the issuer and the project is available in detail under the caption "The Project"
or "The System" or some similar caption. Some Official Statements for general obligation
bonds and governmental revenue bonds, have minimal information regarding the issuer
and the project in the body of the Official Statement, but provide detailed information in
an appendix. The audited financial statements, if provided, are also included as
appendices to the Official Statement.
In a conduit borrowing, the Official Statement describes in detail the project
financed with the proceeds of the bonds. For example, if the bonds are issued to acquire
an existing multi-family housing project or to refund prior bonds issued for the project,
the description includes: the address of the project; the square footage; the number of
units; the income restrictions; the occupancy rates for the last 3-5 years; financial
information (operating revenues and expenses) for the last 3-5 years; etc. If the bonds
were issued to finance the construction of a project, this section will have a short
description of the plan for financing the project and the use of the project. The project
may be more fully described in a feasibility study attached as an appendix to the Official
Statement.
Official Statements for qualified 501(c)(3) bond issues where the conduit borrower
is a hospital, a university, a nursing home, or a retirement facility, only have a short
description regarding the borrower and the project. Detailed information regarding the
borrower and the project (hospital, university or nursing home) is frequently included as
an appendix to the Official Statement.