NigelM
Recovering Member
Although I'm not familiar with the finer details, it seems that if the political decision is to make a certain budget available to support advanced technology projects, then any car company being able to meaningfully use such a loan for a meaningful project, even has a certain obligation to file an application. Or is this just one of several different ways of looking at it?
You are correct, although it's not necessarily a political obligation but Tesla has an effective (arguably legal) obligation to it's shareholders to make an application:
1. Pretty much all companies run with some sort of debt (I would argue ALL public companies) and that debt is at commercial rates with banks (or possibly bondholders).
2. The rates charged by the banks result from the banks assessment of the inherent risk and on new technology (unproven?) will tend to be high.
3. The ATVM loan program is aimed at providing low-cost financing as a way to encourage development, expansion and job creation.
4. Management has a duty to shareholders to operate the business in the most cost effective way. Therefore, management is pretty much obliged to apply for as much of the ATVM money as they can get (potentially, even regardless of whether they really need it!).
Some company attorneys would probably argue that the duty of care owed by management to shareholders actually creates an automatic legal requirement to file an application. IMO, they would have good grounds for arguing such a scenario.