GRADE A OFFICE ACCOMMODATION

LOAN SCHEME EXPRESSION OF INTEREST

SUBJECT TO CONTRACT

Grade A Office Accommodation Loan Scheme

EXPRESSION OF INTEREST

May2015

Expression of Interest

Organisations wishing to apply for a Loan available under the Grade AOffice Accommodation Loan Scheme should complete all sections of this Expression of Interest and submit the document in accordance with the instructions contained in the Guidance Notes for Applicants.

Organisations are strongly advised to read all sections of the Guidance Notes for Applicantsand any supplementary information issued by the Lender before completing and submitting an Expression of Interest.

Responses should be concise and factual. As a guideline, the response should not exceed 15 sides of A4 at Arial Font size 12, plus supporting attachments. Publicity brochures or other such articles should not be submitted.

Expressions of Interest must be accompanied by the following documents:

  1. A signed copy of the Cover Letter shown in Attachment A. The letter should be on the Applicant’s headed notepaper and signed by a duly authorised signatory.
  2. A signed Statement relating to Good Standing as shown in Attachment B.
  3. A site location map, with the site outlined in red should be attached as Appendix C.
  4. A site plan clearly indicating the extent of site ownership and illustrating the building footprint should be attached as Appendix D.
  5. A copy of the Planning Approval or evidence of having submitted a valid planning application should be attached as Appendix E.

Responses should follow the format below:

  1. An Executive Summary providing a description of your proposed development to include outline specification, gross to net building size, floorplate size.
  2. Details of the lead entity and the name and contact details of the lead contact within your organisation.
  3. An outline of the Project, including indicative capital cost.
  4. Details of the proposed location for the new build, including site address, site ownership, site location, site area, existing site uses, lease arrangements etc, planning permission and outline design.
  5. Details of the proposed organisation that will deliver the new build Grade A office, including for example: project management, sponsors, shareholders, investors, banks, design team, contractors and operators; and the current status of the contractual relationship with each.
  6. Details of the construction phase, including programme durations and a robust estimate of the construction cost.
  7. Details of any existing or proposed pre-let agreements with prospective tenants.
  8. Details of the proposed funding structure including total funding requirement and sources of funds. Please indicate the current status of the funding commitment of each funding source. This should specify clearly the quantum of funding from each source, included the amount requested from Invest NI.
  9. Details of the proposed repayment term for the Loan.
  10. Details of the proposals for a suitable security package to mitigate risk, including for example bonds, parent company guarantees, performance guarantees, insurances etc.
  11. Three year historic audited accounts for company/associated companies including the ultimate parent company.
  12. A breakdown of debt by debt provider as at latest balance sheet including details of any associated personal guarantees.
  13. An outline risk matrix and mitigation strategy for the delivery of the new build.

AttachmentA

COVER LETTER - TO BE SIGNED BY AN AUTHORISED SIGNATORY OF THE APPLICANT AND SUBMITTED WITH THE EXPRESSION OF INTEREST

I/We confirm that I/we have read and accept the terms and conditions as set out in the “Guidance Notes for Applicants” and associated documentation. I/We confirm that as at the date of this submission, the information contained herein is true, complete and correct in all material respects and does not omit any material facts which are necessary to make the information not untrue or not misleading.

I/We certify that the information supplied is accurate to the best of my/our knowledge. I/We understand and accept that false information could result in exclusion from this process.

I/We undertake to notify the Lender of any changes to the information given in my/oursubmission that may arise during this process. I/We also understand that it is a criminal offence, punishable by imprisonment, to give or offer any gift or consideration whatsoever as an inducement or reward to any servant or representative of a Public Body or Minister of the NI Assembly. I/We also understand that any such action will result in exclusion from this process.

I/We confirm that I/we will comply with the confidentiality provisions as set out in the “Guidance Notes for Applicants”.

For and on behalf of Applicant:

I/We the under named hereby confirm that I/we have read and accept to abide by the terms of the Guidance Notes for Applicants and that I/we have the requisite corporate authority to confirm the information included in this submission:

Organisation Name
Signed
Position
Date

Attachment B

Statement Relating To Good Standing - TO BE SIGNED BY AN AUTHORISED SIGNATORY OF THE APPLICANT AND SUBMITTED WITH THE EXPRESSION OF INTEREST

1. I/We confirm, to the best of my/our knowledge and belief, that [Insert Applicant Name] (and any parent company) including its directors or any other person who has powers of representation, decision or control of [Insert Applicant Name] (and its parent company) has not been convicted of any of the following offences:

(a)conspiracy within the meaning of section 1 or 1A of the Criminal Law Act 1977or article 9 or 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983where that conspiracy relates to participation in a criminal organisation as defined in Article 2 of Council Framework Decision 2008/841/JHA;

(b)corruption within the meaning of section 1(2) of the Public Bodies Corrupt Practices Act 1889or section 1 of the Prevention of Corruption Act 1906, where the offence relates to active corruption;

(c)the offence of bribery, where the offence relates to active corruption;

(ca)bribery within the meaning of section 1 or 6 of the Bribery Act 2010;

(d)fraud, where the offence relates to fraud affecting the European Communities’ financial interests as defined by Article 1 of the Convention on the protection of the financial interests of the European Communities, within the meaning of—

(i)the offence of cheating the Revenue;

(ii)the offence of conspiracy to defraud;

(iii)fraud or theft within the meaning of the Theft Act 1968, the Theft Act (Northern Ireland) 1969, the Theft Act 1978or the Theft (Northern Ireland) Order 1978;

(iv)fraudulent trading within the meaning of section 458 of the Companies Act 1985, article 451 of the Companies (Northern Ireland) Order 1986or section 993 of the Companies Act 2006;

(v)fraudulent evasion within the meaning of section 170 of the Customs and Excise Management Act 1979or section 72 of the Value Added Tax Act 1994;

(vi)an offence in connection with taxation in the European Union within the meaning of section 71 of the Criminal Justice Act 1993;

(vii)destroying, defacing or concealing of documents or procuring the execution of a valuable security within the meaning of section 20 of the Theft Act 1968or section 19 of the Theft Act (Northern Ireland) 1969;

(viii)fraud within the meaning of section 2, 3 or 4 of the Fraud Act 2006; or

(ix)making, adapting, supplying or offering to supply articles for use in frauds within the meaning of section 7 of the Fraud Act 2006;

(e)money laundering within the meaning of section 340(11) of the Proceeds of Crime Act 2002;

(ea)an offence in connection with the proceeds of criminal conduct within the meaning of section 93A, 93B or 93C of the Criminal Justice Act 1988or article 45, 46 or 47 of the Proceeds of Crime (Northern Ireland) Order 1996;

(eb)an offence in connection with the proceeds of drug trafficking within the meaning of section 49, 50 or 51 of the Drug Trafficking Act 1994; or

(f)any other offence within the meaning of Article 45(1) of the Public Sector Directive as defined by the national law of any relevant State.

(1A) In paragraph (1), “active corruption” means corruption as defined in Article 3 of the Council Act of 26 May 1997or Article 3(1) of Council Joint Action 98/742/JHA.

2. I/Wefurther confirm to the best of my/our knowledge and belief that [Insert Applicant Name] (and any parent company):

(a)being an individual is a person in respect of whom a debt relief order has not been made or is not bankrupt or has not had a receiving order or administration order or bankruptcy restrictions order or a debt relief restrictions order made against him or has not made any composition or arrangement with or for the benefit of his creditors or has not made any conveyance or assignment for the benefit of his creditors or does not appear unable to pay or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has not granted a trust deed for creditors or become otherwise apparently insolvent, or is not the subject of a petition presented for sequestration of his estate, or is not the subject of any similar procedure under the law of any other state;

(b)being a partnership constituted under Scots law has not granted a trust deed or become otherwise apparently insolvent, or is not the subject of a petition presented for sequestration of its estate;

(c)being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002 has not passed a resolution or is not the subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, nor had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is not the subject of similar procedures under the law of any other state;

(d)has not been convicted of a criminal offence relating to the conduct of his business or profession;

(e)has not committed an act of grave misconduct in the course of his business or profession;

(f)has fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the organisation is established;

(g)has fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the Economic Operator is established; and

(h)is not guilty of serious misrepresentation in providing any information referred to within this regulation or regulation 24, 25, 26 or 27 of the Public Contracts Regulations 2006, or has not provided such information in response to a request by the contracting authority.

Organisation Name
Signed
Position
Date

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