“Equity participations” means loan transactions in which the lender, in addition to interest and other amounts received pursuant to and rights resulting from the loan transaction, has the right, subject to § 47-24-102, to participate in the borrower's enterprise or venture to the extent described in a written agreement between the lender and the borrower, the participation including, but not limited to, having or exercising the right to acquire equity in the enterprise or venture, and having or exercising the right to receive a percentage of the rents, profits, revenues, sales or refinancing proceeds, or other similar assets represented by the borrower's enterprise or venture, as defined in the written agreement between the lender and the borrower; provided, that no equity participation in agricultural land shall be entered into nor shall any equity participation be secured in any part by agricultural land.
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