124 STAT. 2511 PUBLIC LAW 111–240—SEPT. 27, 2010 ‘‘(II) the borrower has been in operation for all of the 2-year period ending on the date of the loan; and ‘‘(III) for a financing for which the Adminis- trator determines there will be an additional cost attributable to the refinancing of the qualified debt, the borrower agrees to pay a fee in an amount equal to the anticipated additional cost. ‘‘(iii) FINANCING FOR BUSINESS EXPENSES.— ‘‘(I) FINANCING FOR BUSINESS EXPENSES.—The Administrator may provide financing to a borrower that receives financing that includes a refinancing of qualified debt under clause (ii), in addition to the refinancing under clause (ii), to be used solely for the payment of business expenses. ‘‘(II) APPLICATION FOR FINANCING.—An application for financing under subclause (I) shall include— ‘‘(aa) a specific description of the expenses for which the additional financing is requested; and ‘‘(bb) an itemization of the amount of each expense. ‘‘(III) CONDITION ON ADDITIONAL FINANCING.— A borrower may not use any part of the financing under this clause for non-business purposes. ‘‘(iv) LOANS BASED ON JOBS.— ‘‘(I) JOB CREATION AND RETENTION GOALS.— ‘‘(aa) IN GENERAL.—The Administrator may provide financing under this subpara- graph for a borrower that meets the job cre- ation goals under subsection (d) or (e) of sec- tion 501. ‘‘(bb) ALTERNATE JOB RETENTION GOAL.— The Administrator may provide financing under this subparagraph to a borrower that does not meet the goals described in item (aa) in an amount that is not more than the product obtained by multiplying the number of employees of the borrower by $65,000. ‘‘(II) NUMBER OF EMPLOYEES.—For purposes of subclause (I), the number of employees of a borrower is equal to the sum of— ‘‘(aa) the number of full-time employees of the borrower on the date on which the bor- rower applies for a loan under this subpara- graph; and ‘‘(bb) the product obtained by multi- plying— ‘‘(AA) the number of part-time employees of the borrower on the date on which the borrower applies for a loan under this subparagraph; by ‘‘(BB) the quotient obtained by dividing the average number of hours each part time employee of the borrower works each week by 40.
