News & Analysis as of

Liquidity Paycheck Protection Program (PPP)

Goodwin

FHFA Eliminates Adverse Market Refinance Fee

Goodwin on

In This Issue. The Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac will no longer charge lenders the Adverse Market Refinance Fee; the Federal Deposit Insurance Corporation (FDIC) is seeking...more

Orrick - Finance 20/20

Federal Reserve Board Announces it will Extend its Paycheck Protection Program Liquidity Facility

Orrick - Finance 20/20 on

On March 8, the Federal Reserve Board announced it will extend its Paycheck Protection Program Liquidity Facility (PPPLF) by three months to June 30, 2021. The Commercial Paper Funding Facility (CPFF), the Money Market Mutual...more

Goodwin

Treasury Rolls Out Emergency Capital Investment Program

Goodwin on

In this Issue. The U.S. Department of the Treasury announced that it was opening the application process for the Emergency Capital Investment Program, a new program designed to provide long-term, low-cost equity and...more

Ballard Spahr LLP

Payroll Protection Program: Practical Advice for Completing Your Loan Necessity Questionnaire

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The Small Business Administration (SBA) announced in April 2020 that it will audit all loans of $2 million or more (including loans made to covered affiliates) at the time that loan forgiveness is sought, and other loans, as...more

Chambliss, Bahner & Stophel, P.C.

Key Guidance on SBA's Loan Necessity Questionnaire for Paycheck Protection Program Loans

The U.S. Small Business Administration (SBA) issued guidance on the recently issued “Loan Necessity Questionnaire” (SBA Form 3509/3510). Lenders must require Paycheck Protection Program (PPP) borrowers to complete the...more

McCarter & English, LLP

Paycheck Protection Program: Creating Certainty Out Of Uncertainty From The Rearview Mirror

McCarter & English, LLP on

The Small Business Administration (“SBA”) is accepting comments until November 26, 2020 (Thanksgiving) on two proposed loan necessity questionnaires for Paycheck Protection Program (“PPP”) loans in excess of $2 million: SBA...more

Foley & Lardner LLP

New SBA PPP Loan Necessity Questionnaire Is Available Prior To OMB Approval: Are Lenders Jumping the Gun?

Foley & Lardner LLP on

On October 26, 2020, the Small Business Administration (SBA) published notice in the federal register that it is seeking approval from the government’s Office of Management and Budget (OMB) to release two new forms (Form 3509...more

Tonkon Torp LLP

Was My PPP Loan Necessary (In Hindsight)? SBA Seeks Additional Information From PPP Borrowers With Loans Of $2 Million Or More

Tonkon Torp LLP on

On the roller coaster ride that is the interpretation of the Paycheck Protection Program (“PPP”) by the U.S. Small Business Administration (“SBA”), on October 26th, the SBA issued a notice to the Office of Management and...more

Fox Rothschild LLP

SBA Announces New Paycheck Protection Program Loan Necessity Questionnaire

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On October 26, the Small Business Administration (SBA) published a notice in the Federal Register seeking approval from the Office of Management and Budget to release two new forms to be sent to borrowers under the Paycheck...more

Parker Poe Adams & Bernstein LLP

SBA Reveals Questionnaires Aimed at Auditing Necessity of Large Paycheck Protection Program Loans

In a series of FAQs issued last spring, the Small Business Administration (SBA) made clear that it would review the certification made by Paycheck Protection Program (PPP) borrowers of $2 million or more that “[c]urrent...more

Cole Schotz

PPP Alert: SBA Issues Loan Necessity Questionnaires

Cole Schotz on

The U.S. Small Business Administration (the “SBA”) is requiring lenders to obtain completed “economic need” questionnaires (the “Questionnaire”) from Paycheck Protection Program for-profit and nonprofit borrowers (“PPP...more

K&L Gates LLP

COVID-19: New SBA Forms Asking Key Necessity and Liquidity Questions

K&L Gates LLP on

Borrowers of Paycheck Protection Program (PPP) loans of US$2M or more will be required to complete a new form as part of the Small Business Administration (SBA) review process, which appears to ask key questions about private...more

Benesch

The SBA Releases Two PPP Liquidity Questionnaires

Benesch on

As you may remember from a previous bulletin, the SBA has stated that it will audit all PPP borrowers, who together with a borrower’s “Affiliates” (as determined pursuant to SBA regulations), received PPP loans in excess of...more

Pillsbury Winthrop Shaw Pittman LLP

COVID-19 Relief: Paycheck Protection Program and Issues in M&A Transactions

Potential merger partners of and investors in businesses that have received loans under the Paycheck Protection Program should be aware of particular risks and other diligence considerations. Any potential merger partner or...more

Holland & Hart LLP

Is Now a Good Time to Acquire a Business? Opportunities and Risks for Buyers in the Era of COVID-19

Holland & Hart LLP on

The long seller’s market may be over, which is welcome news for many companies that are eager and able to acquire or expand a business. Many businesses and business owners have struggled mightily under the COVID-19...more

Fox Rothschild LLP

Checklist: COVID-19 Crisis Management For Entertainment Industry Businesses

Fox Rothschild LLP on

While they face many of the same challenges confronting companies throughout the economy, businesses in the entertainment industry are also dealing with a variety of unique obstacles arising from the COVID-19 pandemic...more

Dorsey & Whitney LLP

A Return To Bank Capital Concerns And Enforcement Actions

Dorsey & Whitney LLP on

In this dystopian environment we find ourselves in, the downturn in the U.S. economy will soon begin to ripple through the banking industry. Although the Federal Reserve appears to have acted prudently by establishing credit...more

Proskauer Rose LLP

Paycheck Protection Program – Where Are We Now? An Up-To-Date Guide to the Paycheck Protection Program (UPDATED)

Proskauer Rose LLP on

Originally published on April 14, 2020. Last updated as of the morning of May 15, 2020. Since the enactment of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) on March 27, 2020, the U.S. Small...more

Robins Kaplan LLP

Financial Daily Dose 5.8.2020 | Top Story: U.S. and China to Resume Trade Talks

Robins Kaplan LLP on

Not exactly stop-the-presses stuff at this point in the relationship, but negotiators from the U.S. and China have officially been in touch and agreed to keep talking as they work to implement the bilateral trade deal signed...more

Bowditch & Dewey

PPP Loan Safe Harbor Date Extended One Week to May 14

Bowditch & Dewey on

As we wrote about in a client alert on May 4, the SBA recently issued guidance to PPP loan borrowers (FAQ 31) about the required certification that the loan is necessary to support ongoing operations. Now, in determining...more

Bowditch & Dewey

PPP Loan Applicants Directed to Assess (or Reassess) the Necessity for Loan Funds; SBA Imposes May 7th Deadline to Return Loans...

Bowditch & Dewey on

The U.S. Department of the Treasury recently issued additional guidance in the form of Frequently Asked Questions (“FAQ”) for businesses that have received or are still seeking PPP loans. The critical piece of the FAQ is the...more

Littler

SBA Releases New Guidance on Paycheck Protection Program Certifications, Announces Safe Harbor for Borrowers that Repay Their...

Littler on

Ahead of a second round of lending, the Small Business Administration (SBA) announced that businesses applying for loans under the Paycheck Protection Program (PPP) must consider other sources of liquidity before certifying...more

Ruder Ware

SBA Clarifies That Businesses With Adequate Sources of Liquidity May Not Qualify For PPP Loans

Ruder Ware on

The Department of Treasury released updated Protection Program FAQs. These updated FAQs continue to raise more questions and concerns from PPP borrowers and provide little clarity on SBA expectations and forgiveness. ...more

Womble Bond Dickinson

The Price of PPP – Guidance for Management & Boards on Mitigating PPP Risk

Womble Bond Dickinson on

As we have previously discussed in several prior Client Alerts, the Paycheck Protection Program (“PPP”), launched last month as part of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), is intended to...more

Mayer Brown

Federal Reserve Signals Progress Toward Desperately Needed Non-Bank Access to Paycheck Protection Program Liquidity Facility...

Mayer Brown on

Non-bank lenders providing struggling small businesses a lifeline through forgivable Paycheck Protection Program (“PPP”) loans may soon have access to the Federal Reserve’s Paycheck Protection Program Liquidity Facility...more

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