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Best Practices: Debt Refinance and Preserving Purchase Money Security Interests

SBA 7(a) loans in an amount greater than $350,000 and which are extended to refinance existing debt “must be secured with at least the same collateral and lien priority as…
  • January 17, 2018
  • Starfield & Smith

Best Practices: Leasehold Improvements with Tenant Improvement Allowance

SBA 7a loan proceeds may be used by a borrower to make improvements to a leased premises where it operates its business. Many times, a borrower will negotiate a tenant…
  • January 10, 2018
  • Kristen Dickey

Best Practices: Ramifications of recent changes to the EPC/OC Rule

Newly promulgated regulatory changes to the Eligible Passive Rule (“EPC/OC Rule”) took effect on September 20, 2017. Among them was a rather simple and welcomed change, allowing the use of…
  • January 3, 2018
  • Victor A. Diaz

Best Practices: Franchise Reviews under SOP 50 10 5(J)

Effective January 1, 2018, SBA issued new rules to further simplify the franchise affiliation review process in SOP 50 10 5 (J). Lenders will no longer need to review franchise…
  • December 13, 2017
  • Jennifer E. Borra

Best Practices: Debtor Filed UCC Terminations

A primary reason for a repair of the SBA guaranty is a lender’s failure to obtain the required lien position on collateral. When a lender fails to obtain the required…
  • December 6, 2017
  • Starfield & Smith

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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