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Other SBA Loan Programs For Small Businesses During The Pandemic: The 7(a) Loan Program

Amidst the economic downturn that has accompanied the COVID-19 pandemic, small businesses have sought financial relief through the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”), which with its...more

SBA Issues New Guidance On “Necessity” Certification In PPP Loan Application

On April 23, 2020, the Small Business Administration (“SBA”) issued further guidance on the Paycheck Protection Program (“PPP”) by supplementing its Frequently Asked Questions (“FAQ”). The supplement addresses one new...more

New Developments On PPP Lending

On April 16, 2020, the Small Business Administration (SBA), less than two weeks after the activation of its Paycheck Protection Program (PPP), announced that funds for PPP loans had been completely depleted. An additional...more

Congratulations, You Got Your PPP Funds! Now What?

Late last month, the federal government committed $349 billion dollars in forgivable loans to small businesses under the Paycheck Protection Program (“PPP”), which was part of the Coronavirus Aid, Relief, and Economic...more

Other SBA Loan Programs For Small Businesses During The Pandemic: The SBA 504 Loan Program

The ongoing COVID-19 pandemic has precipitated an economic slowdown not seen in over a decade. In response, the federal government has enacted the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), taking...more

Paycheck Protection Program Eligibility Requirements Clarified

Here we clarify PPP eligibility requirements for independent contractors, sole proprietors and individuals with self-employment income, as well as additional guidance regarding partnerships and other issues. On Tuesday,...more

Mid-Sized Businesses May Be Eligible To Participate In The Main Street New Loan Facility And The Main Street Expanded Loan...

In addition to the programs established and the powers granted as part of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), the Treasury Department and Federal Reserve Board of Governors are leveraging...more

Your Small Business May Be Eligible To Supplement Its Paycheck Protection Program Loan With An SBA Economic Injury Disaster Loan

The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) expanded the existing Economic Injury Disaster Loan program (“EIDL”) by streamlining the application process and providing lower interest rates and longer...more

Guidance To Lenders On Documentation To Close PPP Loans

Since April 3, 2020, the Small Business Administration (SBA) has approved more than 100,000 small business applicants for the new Paycheck Protection Program (PPP) loans. Despite the high number of approved applicants, few...more

Investors Beware: Avoid Knee-Jerk Response To Eliminate Investor Protective Provisions Without First Determining If They...

As small businesses backed by venture capital or private equity analyze whether they may qualify for the benefits of the SBA Paycheck Protection Program (PPP), we are starting to see “knee-jerk” reactions by many of these...more

Affiliation Rules And The Paycheck Protection Program

The SBA Paycheck Protection Program (PPP) was enacted to provide loans to small businesses to protect and maintain jobs. For those small businesses backed by venture capital or private equity, however, the affiliation rules...more

NJEDA Program Offering $100,000 Working Capital Loans To Qualified New Jersey Small Businesses

The New Jersey Economic Development Authority (“NJEDA”) has recently announced a series of economic relief packages to help small businesses in the state. Earlier last week, NJEDA launched its Small Business Emergency...more

Attention Mid-Sized Businesses: Financial Relief Is Coming For You Too!

Relief for mid-sized businesses covered in Title IV of the CARES Act has been overshadowed by discussions of that provided for small businesses. This alert covers relief available to businesses and non-profit organizations...more

Your Small Business May Be Eligible To Participate In The SBA Paycheck Protection Program

Under the U.S. Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”), eligible small businesses may borrow up to 250% of their average monthly payroll costs from most banks and certain other SBA-approved...more

Additional Guidance On SBA’s Paycheck Protection Program

The $349 billion Payment Protection Program (PPP) established by Title I of the Coronavirus Aid, Relief, and Economic Stability Act (CARES Act) is intended to help small businesses sustain themselves and keep their workers...more

Potential Impacts Of Affiliate Rules On Access To SBA’s PPP

Information regarding the affiliate rules that can impact access to the Small Business Administration (SBA) Paycheck Protection Program (PPP) under the CARES Act for our venture capital-backed clients is complex. Although...more

Paycheck Protection Program (PPP) Application Form Made Available By Treasury Department

On March 31, 2020, the U.S. Small Business Administration (SBA) released the Paycheck Protection Program Application Form for use with the SBA Paycheck Protection Program (PPP) loans. Applications for PPP loans may be...more

SBA’s Paycheck Protection Program And Other SBA Relief For Small Businesses Provided In CARES Act

On Friday, March 27, 2020, the President signed into law The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which provides up to $2 trillion to address the severe economic dislocation caused by the...more

Overview Of SBA Loan Programs Available During The COVID-19 Pandemic

In these unprecedented times of the COVID-19 pandemic and the resulting disruption of economic activity, we understand the imperative for the very survival of our clients and the business community at large in addressing...more

Additional Regulatory Hurdles for Private Equity Advisers

The private equity industry should carefully consider the implications of a recent Securities and Exchange Commission ("SEC") enforcement action. In it, the SEC, for the first time, sanctioned an SEC-registered private equity...more

M&A: How to Maximize Your Return When Selling Your Business

As a family or private business owner, you know how to sell your product or service. But do you know how to sell the company itself? Selling a business that has been built over the years is emotional and stressful, and for...more

M&A: Facilitate Deal-Making through the Use of Representation and Warranty Insurance

In this frothy, seller-driven M&A market, representation and warranty insurance can help bridge the gap between a buyer and seller and facilitate deal-making. In M&A transactions, a seller seeks to limit the extent to...more

SBICs Given Additional Flexibility to Structure Their Investments

Summary - The Small Business Administration (SBA) adopted revisions to its regulations, loosening its prohibition on small business investment companies (SBICs) investing in passive businesses. Under the revised...more

Private Equity: SEC Custody Rule—One Size Does Not Fit All

As a result of the Dodd-Frank Act, since 2012 investment advisers that operate pooled investment vehicles such as hedge funds and private equity funds with $150 million of assets under management became subject to the...more

Private Equity Websites and General Solicitations: A Case of Overzealous Hypersensitivity?

It’s a well-settled law of physics: for every action, there’s a reaction. In some cases, there’s overreaction – generally best avoided, but a phenomenon to which many private equity funds may have fallen victim. Here, we...more

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