As used in this part:
Act means the Federal Home Loan Bank Act as amended (12 U.S.C. 1421 through 1449).
Applicant means a person or entity at whose request or for whose account a standby letter of credit is issued.
Bank written in title case means a Federal Home Loan Bank established under section 12 of the Act (12 U.S.C. 1432 ).
Beneficiary means a person or entity who, under the terms of a standby letter of credit, is entitled to have its complying presentation honored.
Community lending means providing financing for economic development projects for targeted beneficiaries, and, for community financial institutions (as defined in § 1263.1 of this title ), purchasing or funding small business loans, small farm loans or small agri-business loans (as defined in § 1266.1 of this chapter ).
Confirm means to undertake, at the request or with the consent of the issuer, to honor a presentation under a standby letter of credit issued by a member or housing associate.
Document means a draft or other demand, document of title, investment security, certificate, invoice, or other record, statement, or representation of fact, law, right, or opinion that is presented under the terms of a standby letter of credit.
Investment grade means:
A credit quality rating in one of the four highest credit rating categories by an NRSRO and not below the fourth highest credit rating category by any NRSRO; or
If there is no credit quality rating by an NRSRO, a determination by a Bank that the issuer, asset or instrument is the credit equivalent of investment grade using credit rating standards available from an NRSRO or other similar standards.
Issuer means a person or entity that issues a standby letter of credit.
NRSRO means a credit rating organization registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization.
Presentation means delivery of a document to an issuer, or an entity that has undertaken a confirmation at the request or with the consent of the issuer, for the giving of value under a standby letter of credit.
Residential housing finance means:
The purchase or funding of “residential housing finance assets,” as that term is defined in § 1266.1 of this chapter; or
Other activities that support the development or construction of residential housing.
SHFA associate means a housing associate that is a “state housing finance agency,” as that term is defined in § 1264.1 of this chapter, and that has met the requirements of § 1269.3(b) of this chapter.
Standby letter of credit means a definite undertaking by an issuer on behalf of an applicant that represents an obligation to the beneficiary, pursuant to a complying presentation: to repay money borrowed by, advanced to, or for the account of the applicant; to make payment on account of any indebtedness undertaken by the applicant; or to make payment on account of any default by the applicant in the performance of an obligation. The term standby letter of credit does not include a commercial letter of credit, or any short-term self-liquidating instrument used to finance the movement of goods.
[63 FR 65699, Nov. 30, 1998, as amended at 65 FR 8265, Feb. 18, 2000; 65 FR 44431, July 18, 2000. Redesignated and amended at 67 FR 12853, Mar. 20, 2002; 75 FR 8240, Feb. 24, 2010; 75 FR 76623, Dec. 9, 2010]