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Best Practices: Non-Compete Agreements: When Does a Lender Need One?

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…
  • September 11, 2019
  • Timothy D'Lauro

Best Practices: Considerations for Complete Change of Ownership

Financing a business acquisition is an eligible use of SBA loan proceeds, provided, that certain conditions are met.  SOP 5010(5)(K) states that a business acquisition must result in a 100%…
  • September 4, 2019
  • Kristen Dickey

Best Practices: Untimely Notices of Commencement – Restoration of Priority in Florida

A Notice of Commencement recorded prior to your mortgage can wreak havoc on your construction loan.  In Florida, before any work can begin to improve real property, a Notice of…
  • August 28, 2019
  • Victor A. Diaz

Best Practices: The Basics of Lender Service Provider Agreements

The recently revised Standard Operating Procedure 50 10 5(K) (“SOP”) defines the Lender Service Provider (“LSP”) Agreement as “a written contract between a Lender and an Agent who assists the…
  • August 21, 2019
  • Demetri A. Braynin

Best Practices: Documenting Credit Not Available Elsewhere

The SBA program is deeply rooted in the idea in providing support only to “applicants for whom the desired credit is not otherwise available on reasonable terms from non-Federal sources.”…
  • August 14, 2019
  • Jessica L. Conn

Best Practices: Take the Opportunity to Comment on the SBA’s Most Recent Proposed Rules

Pursuant to the requirements of the Small Business 7(a) Lending Reform Act of 2018, Pub. L. 115-189 (“SBA Reform Act”) that amended the Small Business Act, 15 U.S.C. §651 et…
  • August 7, 2019
  • Norman E. Greenspan
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