A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has unanimously held that the debt exchange undertaken by Serta Simmons Bedding did not qualify as an "open market purchase" under the terms of Serta's...more
Holland & Knight has learned through customary deal due diligence that some borrowers – especially those who received a Paycheck Protection Program (PPP) loan through the U.S. Small Business Administration (SBA) – may have...more
4/22/2021
/ Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
Due Diligence ,
Economic Injury Disaster Loans ,
Fraud ,
Fraud Alerts ,
Lenders ,
Liens ,
Paycheck Protection Program (PPP) ,
SBA ,
SBA Lending Programs ,
UCC Financing Statements ,
Uniform Commercial Code (UCC)
The Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Economic Aid Act), which was included in the Consolidated Appropriations Act, 2021, was signed into law on Dec. 27, 2020. The U.S. Small Business...more
President Donald Trump signed the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Economic Aid Act), which was included in the Consolidated Appropriations Act, 2021, on Dec. 27, 2020. In turn, the U.S....more
1/13/2021
/ 501(c)(3) ,
CARES Act ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Economic Aid Act ,
Entertainment Venues ,
Interest Rates ,
Interim Final Rules (IFR) ,
Loan Forgiveness ,
Nonprofits ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA Lending Programs
Unforgiven Paycheck Protection Program (PPP) loans have created a great deal of consternation for PPP borrowers looking to engage in merger and acquisition (M&A) transactions, as well as other asset sale, equity and...more
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) created the U.S. Small Business Administration's (SBA) Paycheck Protection Program (PPP) to provide relief to small businesses affected by COVID-19 and to...more
In response to the coronavirus (COVID-19) pandemic, the Federal Reserve Board and the U.S. Department of the Treasury have unveiled the Main Street Lending Program (MSLP) — consisting of the Main Street New Loan Facility...more
The U.S. Small Business Administration (SBA) published two new Interim Final Rules (IFRs) on May 22, 2020, related to the Paycheck Protection Program (PPP) created by the Coronavirus Aid, Relief, and Economic Security Act...more
The U.S. Small Business Administration (SBA) published a new Interim Final Rule (IFR) on May 18, 2020, related to the Paycheck Protection Program (PPP) created by the Coronavirus Aid, Relief, and Economic Security Act (CARES...more
The U.S. Small Business Administration (SBA) has released guidance just one day before its safe harbor repayment deadline of May 14, 2020, to help a Paycheck Protection Program (PPP) borrower determine whether it lacked a...more
5/15/2020
/ CARES Act ,
Certification Requirements ,
Coronavirus/COVID-19 ,
Federal Loans ,
Good Faith ,
Loan Forgiveness ,
New Guidance ,
Paycheck Protection Program (PPP) ,
Safe Harbors ,
SBA ,
SBA Lending Programs ,
U.S. Treasury
The U.S. Small Business Administration (SBA), in consultation with the U.S. Department of the Treasury, has extended the deadline to repay Paycheck Protection Program (PPP) loans by one week. In further response to the SBA's...more
As previously reported, in response to the coronavirus (COVID-19) pandemic, the Federal Reserve and the U.S. Department of the Treasury unveiled two lending programs – the Main Street New Loan Facility (MSNLF) and the Main...more
The original intent of Congress was that the Paycheck Protection Program (PPP) would serve to disburse federal funds into the hands of many of the nation's employees who were either furloughed or soon-to-be furloughed as a...more
The CARES Act included language permitting the Federal Reserve Board to establish a "Main Street Lending Program," or other similar program or facility to support lending to small and mid-sized businesses. Toward this end,...more
4/22/2020
/ CARES Act ,
Comment Period ,
Coronavirus/COVID-19 ,
Credit Facilities ,
Federal Reserve ,
Financial Stimulus ,
Main Street Lending Programs ,
Main Street New Loan Facility ,
Relief Measures ,
Special Purpose Vehicles ,
Term Sheets ,
U.S. Treasury
The Federal Reserve Board and U.S. Department of the Treasury Secretary Steven Mnuchin on April 9, 2020, announced new and expanded measures aimed at providing up to $2.3 trillion in relief to U.S. businesses, states and...more