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Best Practices: Hit Send With Caution: Electronic Communications Can Modify a Written Contract and Lead to Results that Are Far from “Awesome!”

It has been decided that informal communications, such a instant message (“IM”), can modify a signed contract. A Florida Court, applying Delaware law, held that an IM effectively amended a…
  • June 8, 2016
  • Katherine D. Tohanczyn

Best Practices: Navigating Through the SBA Export Express Loan Program

The SBA Export Express Program provides for a maximum loan or line of credit amount of $500,000.00 with a 90% guaranty for loans of $350,000 or less and 75% guaranty…
  • June 1, 2016
  • Michelle Sergent Kaas

Best Practices: Secondary Collateral Real Property – Title Search or Title Policy?

The Small Business Administration (the “SBA”) generally expects lenders to obtain a policy of title insurance for primary collateral real property where SBA loan proceeds are being used to purchase…
  • May 25, 2016
  • Kristen Dickey

Best Practices: Clarification of 25% Contribution in a Partner Buyout

As stated in the SBA Standard Operating Procedures (SOP), if the purchase price of a business includes intangible assets in excess of $500,000, the borrower (or seller, in the form…
  • May 18, 2016
  • Ethan W. Smith

Best Practices: The “Art” of Ordering Public Records Searches

SBA Lenders often wonder about what public records searches they must order as part of their due diligence when processing an SBA loan. Unfortunately, the SBA does not specify any…
  • May 11, 2016
  • Ethan W. Smith

Best Practices: Executed Purchase-Sale Agreements

Financing change of ownership transactions can present several unique challenges for lenders that are not part of loans for refinances or startups. From determining what searches are required to ensure…
  • May 4, 2016
  • Ethan W. Smith
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