In this, our third article on SBA Procedural Notice No. 5000-812316 (the “Procedural Notice”), we turn our attention to potential litigation scenarios involving PPP loans and the choices a lender…

When a Buyer is considering acquiring a new business, both the Purchaser and Lender should consider whether the Seller or any of its key employees could pose a threat to…

Effective July 15, 2021, SBA issued Procedural Notice 5000‑812316, “SBA Guaranty Purchases and Lender Servicing Responsibilities for PPP Loans.”  The Notice provides critical guidance on how lenders should service their…

In SBA Procedural Notice 5000-812316 effective July 15, 2021 (“Notice”), the Small Business Administration (“SBA”) sets forth a lender’s responsibilities for servicing and resolving unforgiven Paycheck Protection Program (“PPP”) loans,…

When documenting a commercial loan for financing the acquisition of real estate or when there is real estate as collateral for your commercial loan, you will  likely require a loan…

Although funding equity injection through a borrower’s affiliated entity is not an uncommon practice, lenders must exercise care in these circumstances.  On many occasions, such transfers of funds from the…