The SBA limits what an eligible passive company (EPC) can do with SBA loan proceeds. An EPC must use loan proceeds to “acquire or lease, and/or improve or renovate real…

The Small Business Administration’s (“SBA”) Standard Operating Procedures (“SOP”) require lenders collateralize 7(a) loans greater than $350,000 to the maximum extent possible up to the loan amount. See SOP 50…

One of the most important conditions in properly closing an SBA loan is making sure that the use of loan proceeds complies with the SBA Loan Authorization. It is the…

Most lenders know the EPC/OC rules, but calculating the proper rent payment on an EPC/OC lease can be complicated. The SBA does not permit lenders to make SBA loans to…

As we have noted in the past, ordering public records searches for commercial loan transactions is more an art than a science. The objective in performing pre-closing searches on SBA…

In construction law, retainage is the percentage of the completed work that is deliberately held back until a project is completed (or sometimes substantially completed) and not paid to the…