SBA 504 Program - Other Requirements
SBA 504 Program - Other Requirements
 
 
       

Cash/Equity/Asset Injection:

Evidence must be provided by the applicant prior to any loan closing and disbursement.

 

Subordination/Standby Debt Agreements:

Standby creditor must subordinate any lien rights in collateral securing a loan to the lender's rights in the collateral and agree to take no action against applicant or any collateral securing the Standby Debt without lender's consent.

 

Real Estate Appraisals:

Required for all Real Estate purchased or used as collateral.

 

Equipment Appraisals:

Required to substantiate the value of any used machinery and/or equipment.

 

Environmental Reports:

Required for all Real Estate purchased or used as collateral.

 

Late Charge:

A late charge (not to exceed $100.00) in the amount of five percent (5%) of the amount of any payment which is not made within ten (10) days of the date the payment is due will be collected from the Borrower.

 

Loan Proceeds:

PADD must document that the borrower used the loan proceeds for the approved purposes.

 

Insurance:

Property insurance (fire and theft, extended coverage and liability) will be required. All personal and real property shall be insured for replacement cost. Insurance coverage for improvements to real property must contain a Mortgagee Clause in favor of lender. Insurance coverage for personal property must contain a Lender's Loss Payable Clause in favor of lender. Additionally, the policy must provide written notice at least 10 days prior of policy cancellation.

 

Life Insurance:

The key principals of the operating company may be required to provide an assignment of life insurance in the amount of the loan.

 

Flood Insurance:

Will be required if the property is located within a flood area.

 

Workers' Compensation Insurance:

Will be required in amounts meeting state law requirements.

 

Verification of Financial Information:

PADD must verify the applicant's last 3 years (unless applicant is a start-up business) of tax returns submitted to IRS via IRS Form 4506-T.

 

Lease Term:

Lease(s), including options, on all business premises where collateral is located should be for as least as long as the term of the loan.

 

Assignment of Rents:

A perfected assignment of all rents paid under a lease between an Eligible Passive Concern (Real Estate Holding Company) and the applicant Operating Company is required.

 

Landlord's Waiver:

Applicant must provide lender access to any leased premises and facilities where collateral is located with an executed Landlord's Waiver.

 

New Construction:

Evidence of compliance with the "National Earthquake Hazards Reduction Program Recommended Provisions for the Development of Seismic Regulations for New Buildings" (NEHRP) or a building code that has substantially equivalent provisions is required.

 

Do-it-yourself Construction or Installation of Machinery & Equipment:

Except under special circumstances, will not be permitted.

 

Cost Overruns:

Applicant must show ability to pay cost overruns, if any.

 

Lien Waivers:

Applicant must provide lien waivers or releases from all materialmen, contractors, and subcontractors involved in any construction.

 

Occupancy:

Existing Real Estate Improvements - occupy at least 51% of the property.

New Construction  - occupy at least 60% of the property

 

Franchised Operations:

All franchised operations not listed on the Franchise Registry must pass a legal review of the applicant's Franchise Agreement and Franchisor's Disclosure Statement.

 

Child Support:

Certification from applicant that any required child support is no more than 60 days delinquent.

 

Current Taxes:

Applicant must be current on all federal, state, and local taxes, including but not limited to income taxes, payroll taxes, real estate taxes, and sales taxes.

 

Immigration Laws:

Neither the Borrower nor Operating Company has been determined by the Secretary of Homeland Security or the Attorney General to have engaged in a pattern or practice of hiring an alien, recruiting an alien or referring an alien for a fee for employment in the United States, knowing that the person is an unauthorized alien.

 

 

 

 

 

 

 

 

Page last updated on Fri, 17 Jan 2014 16:26:00 GMT.