Section 57-103-5 - Mississippi New Technology Business Program-Level 2 established; eligibility for assistance; application; provisions of contract for assistance, expenditure of assistance, etc.; repayment of assistance; creation of Mississippi New Technology Business Program-Level 2 Fund(1) There is established under the direction of the Mississippi Technology Alliance ("MTA") a program to be known as the "Mississippi New Technology Business Program-Level 2" for the purpose of making assistance available to provide working capital to support the continued capitalization of technology based businesses in Mississippi.(2)(a) In order to be eligible for assistance under the program, a business must: (i) have its principal place of business based in Mississippi, and be a startup, seed stage or early stage business, (ii) have rights to the intellectual property supporting the venture opportunity for which assistance is requested, (iii) have a business plan demonstrating economic feasibility; (iv) have an accredited investor match, (v) have formed or have agreed to form a collaborative agreement with a Mississippi institution of higher learning, (vi) be invited by the MTA to apply for assistance based upon an acceptable commercialization strategy, and (vii) be willing to execute a performance level based agreement with the MTA.(b) Any business desiring to participate in the program must submit an application to the MTA. The application must contain a description of the purposes for which the assistance is requested, the amount of assistance requested and any other information requested by the MTA. If the MTA staff reviewing the application determines that an application should be reviewed by the Seed Fund Investment Board appointed by the MTA Board of Directors, the application shall be forwarded to the Seed Fund Investment Board. If the Seed Fund Investment Board approves the application, the MTA shall negotiate a contract with the business regarding any assistance provided to the business under the program, the expenditure of the assistance provided to the business, and any other matters to which the parties may agree. Any such contract must provide for at least the following: (i) that any assistance provided to the business will be on a reimbursement basis in which the business will expend funds according to the terms of the contract and submit invoices, receipts and other applicable documentation and information to the MTA for reimbursement; (ii) that no funds may be expended or used for patent prosecution, reorganization of the business, or payment of any existing debt of the business outstanding or otherwise incurred at the time the contract is entered into; (iii) that no funds may be expended to reimburse expenses for work conducted or services provided by the business, a university or a third party consultant if those expenses were incurred before the term of the contract; (iv) that the business receiving assistance will retain ownership of any technology developed by the business regardless of whether the technology is developed before or after the receipt of assistance; and (v) that the business will provide matching funding of One Dollar ($1.00) for every One Dollar ($1.00) of assistance, with at least fifty percent (50%) of the match being from an accredited investor or strategic investment partner, as determined by the MTA, and the remaining amount being from in-kind services, all of which must be documented by time sheets, payroll receipts, invoices and other documentation or information required by the MTA. Assistance received by a business may be expended for hiring third party consultants to assist the business and for equipment. The amount of assistance that a business may receive under the program shall not exceed One Hundred Thousand Dollars ($100,000.00) in any one (1) year and shall not exceed Two Hundred Thousand Dollars ($200,000.00) in the aggregate.(c) Except as otherwise provided in this paragraph, a business receiving assistance under the program shall be required to repay the assistance in the manner provided in this paragraph. Repayment shall be made through the use of a convertible note in which the business will repay one hundred percent (100%) of the amount of assistance received if such repayment is made within thirty-six (36) months from the date the assistance is received, with the amount to be repaid by the business increasing at a rate determined by the parties in the contract up to an amount not to exceed two hundred percent (200%) of the amount of assistance if such repayment is made later than thirty-six (36) months from the date the assistance is received but not later than sixty (60) months from the date the assistance is received. The MTA shall have the option of converting the amount of assistance awarded to the business into common stock of the business or into a royalty in the gross sales of the business. Amounts received as repayments shall be deposited into the special fund created in subsection (3) of this section. Notwithstanding the preceding provisions of this paragraph, if the business receiving assistance fails to meet certain financial performance levels established in the contract between the business and the MTA and the contract does not activate any repayment provisions, then the MTA will deem the assistance provided to be a loss and the business receiving assistance shall not be required to repay the assistance received.(3) There is created in the State Treasury a special fund, to be designated as the "Mississippi New Technology Business Program-Level 2 Fund," which shall consist of funds appropriated or otherwise made available by the Legislature. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund. Monies in the fund shall be disbursed, in the discretion of the Mississippi Development Authority, to provide funds to the MTA for the purposes described in this section, or for the purposes described in Sections 57-103-1, 57-103-3, 57-103-7 and/or 57-103-9 if the MTA determines that the funds are not needed for the purposes described in this section. Laws, 2007, ch. 459, § 3, eff. 7/1/2007.