121 STAT. 1774
15 USC 683.
PUBLIC LAW 110–140—DEC. 19, 2007
‘‘(I) AMOUNT OF EXCLUSION.—The amount excluded under clause (i) for a company shall not exceed 33 percent of the private capital of that company. ‘‘(II) MAXIMUM INVESTMENT.—A company shall not make an Energy Saving qualified investment in any one entity in an amount equal to more than 20 percent of the private capital of that company. ‘‘(III) OTHER TERMS.—The exclusion of amounts under clause (i) shall be subject to such terms as the Administrator may impose to ensure that there is no cost (as that term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) with respect to purchasing or guaranteeing any debenture involved.’’. (b) MAXIMUM AGGREGATE AMOUNT OF LEVERAGE.—Section 303(b)(4) of the Small Business Investment Act of 1958 (15 U.S.C. 303(b)(4)) is amended by adding at the end the following: ‘‘(E) INVESTMENTS IN ENERGY SAVING SMALL BUSINESSES.— ‘‘(i) IN GENERAL.—Subject to clause (ii), in calculating the aggregate outstanding leverage of a company for purposes of subparagraph (A), the Administrator shall exclude the amount of the cost basis of any Energy Saving qualified investment in a smaller enterprise made in the first fiscal year after the date of enactment of this subparagraph or any fiscal year thereafter by a company licensed in the applicable fiscal year. ‘‘(ii) LIMITATIONS.— ‘‘(I) AMOUNT OF EXCLUSION.—The amount excluded under clause (i) for a company shall not exceed 33 percent of the private capital of that company. ‘‘(II) MAXIMUM INVESTMENT.—A company shall not make an Energy Saving qualified investment in any one entity in an amount equal to more than 20 percent of the private capital of that company. ‘‘(III) OTHER TERMS.—The exclusion of amounts under clause (i) shall be subject to such terms as the Administrator may impose to ensure that there is no cost (as that term is defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) with respect to purchasing or guaranteeing any debenture involved.’’. SEC. 1207. RENEWABLE FUEL CAPITAL INVESTMENT COMPANY.
Title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended by adding at the end the following:
‘‘PART C—RENEWABLE FUEL CAPITAL INVESTMENT PILOT PROGRAM 15 USC 690.
‘‘SEC. 381. DEFINITIONS.
dkrause on GSDDPC44 with PUBLAW
‘‘In this part:
VerDate Aug 31 2005
07:12 Jan 26, 2009
Jkt 059194
PO 00002
Frm 00482
Fmt 6580
Sfmt 6581
M:\STATUTES\2007\59194PT2.001
APPS10
PsN: 59194PT2
�
