; and (iii) the creditworthiness of an investment. (3) Capital assistance (A) Loans and loan guarantees (i) In general To the extent and in such amounts as specifically provided in advance in appropriations Acts for the purposes detailed in this subsection, the Director may provide loans or loan guarantees to finance or refinance the costs of an eligible investment selected pursuant to paragraph (2)(B). (ii) Administration of loans (I) Interest rate (aa) In general Except as provided under item (bb), the interest rate on a loan provided under clause (i) shall be not less than the yield on marketable United States Treasury securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement. (bb) Exception The Director may waive the requirement under item (aa) with respect to an investment if the investment is determined by the Secretary of Defense to be vital to the national security of the United States. (cc) Criteria The Director shall establish separate and distinct criteria for interest rates for loan guarantees with private sector lending institutions. (II) Final maturity date The final maturity date of a loan provided under clause (i) shall be not later than 50 years after the date on which the loan was provided. (III) Prepayment A loan provided under clause (i) may be paid earlier than is provided for under the loan agreement without a penalty. (IV) Nonsubordination (aa) In general A loan provided under clause (i) shall not be subordinated to the claims of any holder of investment obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (bb) Exception The Director may waive the requirement under item (aa) with respect to the investment in order to mitigate risks to loan repayment. (V) Sale of loans The Director may sell to another entity or reoffer into the capital markets a loan provided under clause (i) if the Director determines that the sale or reoffering can be made on favorable terms. (VI) Loan guarantees Any loan guarantee provided