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About Katie O'Brien

Best Practices: Six Month Loan Payment Subsidy under the CARES Act

On March 27, 2020, the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) was passed into law.  This legislation provides various forms of government aid to small businesses…
  • April 8, 2020
  • Katie O'Brien

Best Practices: Nuances of the Eligible Passive Company Rule

One of the basic tenets of SBA lending is that an applicant must be an active operating business.  SBA prohibits financing assets that are held for their passive income, with…
  • December 18, 2019
  • Katie O'Brien

Best Practices: Obtaining the Correct Lien Position on Your Collateral

Because many SBA loans are under-collateralized, the SBA guaranty is often the most valuable piece of “collateral” to a lender. Because of this, it is imperative that lenders avoid the…
  • April 24, 2019
  • Katie O'Brien

Best Practices: Equity Injection Requirements for Business Expansions

Lenders extending Small Business Administration (“SBA”) loans have now been operating under SOP 50 10 5 (J) since January 1, 2018. As most SBA lenders are aware, SOP 50 10…
  • April 25, 2018
  • Katie O'Brien

Best Practices: The Value of a Payoff Letter

Because SBA loans are often under-collateralized, the SBA guaranty is frequently the most valuable piece of “collateral” to a lender. Because of this, it is imperative that lenders avoid the…
  • February 21, 2018
  • Katie O'Brien

Best Practices: Revised Collateral Requirements with the Release of SOP 50 10 5 (J)

The Small Business Administration (“SBA”) has released SOP 50 10 5 (J), which takes effect on January 1, 2018. The new SOP sets forth changes with respect to franchise agreements,…
  • November 29, 2017
  • Katie O'Brien
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