Definitions. When used in this part the following words have the following meanings.

The evaluation of an Application for a loan guarantee;

The negotiation and offer of a Term Sheet;

The negotiation of a Loan Guarantee Agreement and related documents, including the issuance of a Guarantee; and

The servicing and monitoring of a Loan Guarantee Agreement, including during the construction, startup, commissioning, shakedown, and operational phases of an Eligible Project.

Payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments; less

Payments to the Government including origination and other fees, penalties, and recoveries; including the effects of changes in loan or debt terms resulting from the exercise by the Borrower, Eligible Lender or other Holder of an option included in the Loan Guarantee Agreement.

Any Person formed for the purpose of, or engaged in the business of, lending money that, as determined by DOE in each case, is:

Not debarred or suspended from participation in a Federal government contract or participation in a non-procurement activity (under a set of uniform regulations implemented for numerous agencies, such as DOE, at 2 CFR part 180);

Not delinquent on any Federal debt or loan;

Legally authorized and empowered to enter into loan guarantee transactions authorized by the Act and these regulations;

Able to demonstrate experience in originating and servicing loans for commercial projects similar in size and scope to the Eligible Project, or able to procure such experience through contracts acceptable to DOE; and

Able to demonstrate experience as the lead lender or underwriter by presenting evidence of its participation in large commercial projects or energy-related projects or other relevant experience, or able to procure such experience through contracts acceptable to DOE; or

The Federal Financing Bank.

Is located in the United States at one location, except that the project may be located at two or more locations in the United States if the project is comprised of installations or facilities employing a single New or Significantly Improved Technology that is deployed pursuant to an integrated and comprehensive business plan. An Eligible Project in more than one location is a single Eligible Project;

Deploys a New or Significantly Improved Technology; and

Satisfies all applicable requirements of section 1703 of the Act, the applicable Solicitation, and this part.

Only recently been developed, discovered, or learned; or

Involves or constitutes one or more meaningful and important improvements in productivity or value, in comparison to Commercial Technologies in use in the United States at the time the Term Sheet is issued.

The word “discretion” when used with reference to DOE, including the Secretary, means “sole discretion.”

Defined terms in the singular shall include the plural and vice versa, and the masculine, feminine or neuter gender shall include all genders.

The word “or” is not exclusive.

References to laws by name or popular name are references to the version of such law appearing in the United States Code and include any amendment, supplement or modification of such law, and all regulations, rulings, and other laws promulgated thereunder.

References to information or documents required or allowed to be submitted to DOE mean information or documents that are marked as provided in 10 CFR 600.15(b). A document or information that is not marked as provided in 10 CFR 600.15(b) will not be considered as having been submitted to or received by DOE.

A reference to a Person includes such Person's successors and permitted assigns.

The words “include,” “includes” and “including” are not limiting and mean include, includes and including “without limitation” and “without limitation by specification.”

The words “hereof,” “herein” and “hereunder” and words of similar import refer this part as a whole and not to any particular provision of this part.