Private Activity Bond (PAB)
The term used in the Code to describe any bond issued as part of a bond issue that meets both of the private business tests or meets the private loan financing test.
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Qualified 501(c)(3) Bonds
501(c)(3) Organizations are permitted to finance projects with Tax-Exempt Bonds if they meet the requirements of Section 145 of the Code. These requirements include (1) all property that is to be provided by the Net Proceeds of the Bonds must be owned by a 501(c)(3) Organization or by a governmental unit; (2) the Private Business Tests under Section 141(b) of the Code must not be satisfied, treating the 501(c)(3) Organization which is the Conduit Borrower and any other 501(c(3) Organization using the Bond-financed facilities as a governmental unit with respect to its activities that do not constitute an unrelated trade or business with respect to its respective exempt purpose and by substituting 5% for 10% in the private business use tests; and (3) the Private Loan Financing Test must not be met.
See Also
501(c)(3) Organization
An organization that is exempt from federal income taxation under Section 501(a) of the Code.
Conduit Financing
Financing in which the Issuer issues the bonds to finance a project to be used primarily by a third party.
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Security Interest
A special legal interest in property, fixtures or revenues that exists by contract as Security for payment or performance of an obligation.