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Employee Retention Tax Credits: Another Potential Benefit for Economically Challenged Businesses

After the passage of the CARES Act last year, the clear focus of small businesses was on the Paycheck Protection Program (the “PPP”). A slightly less reported feature was the tax credit available for the retention of...more

PPP Part II – An Early Present to Small Businesses

Congress has passed the long-awaited bipartisan stimulus package on December 21, 2020 which is expected to be signed by the President. Included in this package are significant changes to the existing Paycheck Protection...more

PPP: SBA Provides Process for a Change of Ownership

On October 2, 2020, the SBA provided notice to PPP lenders regarding the process by which PPP borrowers may undertake a “change of ownership” while a loan is outstanding. Previously there was little guidance provided to...more

Revised PPP Loan Forgiveness Applications – Two for the Price of One

On June 16, 2020, the SBA released a revised form of Loan Forgiveness Application, which incorporates the changes provided in the PPP Flexibility Act that we previously discussed, as well as a new “EZ” form intended to...more

Congress Approves Significant Changes to PPP: What Borrowers Need to Know

On May 28, the House of Representatives passed legislation that amends certain provisions of the Paycheck Protection Program (PPP) largely in an effort to extend the period by which borrowers are permitted to use the proceeds...more

UPDATE: A Few More Steps (and a New Calculator!) for Forgiveness – SBA Releases PPP Forgiveness Application

On May 15, the SBA released its standard application that borrowers must complete to receive partial or full forgiveness for loans issued pursuant to the Paycheck Protection Program (PPP). Consequently, we have substantially...more

Treasury Secretary and SBA Signal Increased Scrutiny of PPP Loan Borrowers

With the spate of high-profile companies receiving public backlash after obtaining loan proceeds from the Paycheck Protection Program (PPP), on April 23 the SBA added item #31 (followed by item #37 on April 28) to its...more

Effects Of COVID-19 on the M&A Market: Working Capital Adjustments; Due Diligence; Representations; Post-Signing Considerations

This is the second installment of a two-part series highlighting M&A transaction issues for buyers and sellers to consider in light of COVID-19. ...more

Main Street Lending Facilities – Eligibility and Terms for PE/VC-Backed Companies

On April 9, the Treasury Department and the Federal Reserve announced two new lending facilities to provide capital to small- and medium-sized businesses. The Main Street New Loan Facility (the “New Loan Facility”) will...more

Steps Private Equity and Venture Capital-Backed Companies Should Consider Taking for PPP Eligibility

Despite assertions from Congressional leaders on both sides of the aisle that the affiliation rules would be waived for applicants with outside minority investors, additional SBA guidance only provided relief for faith-based...more

3 Steps (and a Calculator) to Help Determine Forgiveness for our PPP Loan

The Paycheck Protection Program (“PPP”) authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the COVID-19 crisis. The loan amounts will be forgiven in its entirety as long as:...more

Effects of COVID-19 on M&A Transactions: Economics of Buying and Selling (Part I)

This is the first installment of a two-part series highlighting M&A transaction issues for buyers and sellers to consider in light of COVID-19. ...more

Can Portfolio Companies of Private Equity and Venture Capital Funds Take Advantage of COVID-Related Stimulus Programs?

In response to the overwhelming domestic and global economic impact of the COVID-19 pandemic, Congress recently enacted legislation to provide relief to small businesses across the United States. ...more

COVID-19 Emergency Funding Solutions

Riding the wave of the longest bull market in U.S. history, and in a growing field of available institutional capital, funding options under company-friendly terms were the norm until a few weeks ago. With the spread of the...more

Timing Considerations for HSR Filings During COVID-19 Pandemic

COVID-19 continues to present novel challenges and disruptions to the merger and acquisitions market during this unprecedented time. New requirements for electronic filing during the COVID-19 outbreak under the Hart-Scott...more

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