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Best Practices: Review of the Most Commonly Negotiated Points in Landlord Subordination Agreements

Many small businesses that seek financing under the SBA 7(a) Loan Program operate from buildings that are leased from a third-party landlord, which can take the form of stand-alone buildings,…
  • October 2, 2019
  • Katherine D. Tohanczyn

Best Practices: The Small Business Reorganization Act of 2019

Until recently, Chapter 11 bankruptcy cases for small business debtors were lengthy and cost prohibitive.  Congress aimed to change that through the passing of the Small Business Reorganization Act (the…
  • September 25, 2019
  • Lyndsay Rowland

Best Practices: The Do’s and Don’ts of Refinancing Same Institution Debt under the SBA 7(a) Loan Program

In the SOP 50 10 5(K), the U.S. Small Business Administration (“SBA”) sets forth specific rules on refinancing same institution debt.  If a lender is seeking to refinance its own…
  • September 18, 2019
  • Michelle Sergent Kaas

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
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