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SBA PPP Borrower Information Program

The Paycheck Protection Program (“PPP”) initially authorized up to $349 billion in forgivable loans to small businesses to pay their employees during the COVID-19 crisis, except the funds ran out in days. All loan terms will be the same for everyone. As of 4/27/2020, applications are open for PPP Round 2: The Next $320 Billion. 

​As you may have seen, the Congress amended the Paycheck Protection Program this week to make borrowing more flexible.  For an overview of the current program, please go to https://home.treasury.gov/policy-issues/cares/assistance-for-small-businesses.  The legislation makes the following changes:
​
  • Extend the PPP loan forgiveness period to include costs incurred over 24 weeks after a loan is issued or through Dec. 31, whichever comes first. Businesses that received a loan before the measure is enacted could keep the current eight-week period. 
  • Extend to Dec 31 from June 30 a period in which loans can be forgiven if businesses restore staffing or salary levels that were previously reduced. The provision would apply to worker and wage reductions made from Feb 15 through 30 days after enactment of the CARES Act, which was signed into law on March 27.
  • Maintain forgiveness amounts for companies that document their inability to rehire workers employed as of Feb 15, and their inability to find similarly qualified workers by the end of the year. Under the modified measure, companies would be covered separately if they show that they couldn’t resume business levels from before Feb 15 because they were following federal requirements for sanitization or social distancing.
  • Require businesses to spend at least 60% of their PPP funds on payroll expenses to qualify for full loan forgiveness, instead of the current 75% rule.
  • Repeal a provision from the CARES Act that barred companies with forgiven PPP loans from deferring their payroll tax payments.
  • Allow borrowers to defer principal and interest payments on PPP loans until the SBA compensates lenders for any forgiven amounts, instead of the current six-month deferral period. Borrowers that don’t apply for forgiveness would be given at least 10 months after the program expires to start making payments.
  • Establish a minimum loan maturity period of five years following an application for loan forgiveness, instead of the current two-year deadline set by the SBA. That provision would apply to PPP loans issued after the measure is enacted, though borrowers and lenders could agree to extend current loans.
A list of lenders we know have current PPP capacity as of 6/10/2020:

Lendistry (https://lendistry.com/) - California, Colorado, Florida, Georgia, Iowa, Illinois, Maryland, Michigan, New Jersey, New York, Pennsylvania & Texas
 
Community Reinvestment Fund (https://crfusa.com/sba-paycheck-protection-program-loans-from-crf/) – Minnesota, Missouri, New Hampshire, Ohio, Rhode Island, Texas, Utah

Pursuit (https://pursuitlending.com/) – New York, New Jersey, Pennsylvania
 
CDC Small Business Finance - Nationwide (https://cdcsmallbusinessfinance.miradorfin.com/#/)

The loan amounts will be forgiven as long as:

 The loan proceeds are used to cover payroll costs, and most mortgage interest, rent, and utility costs over the 8 week period after the loan is made; and
 Employee and compensation levels are maintained. Payroll costs are capped at $100,000 on an annualized basis for each employee. Due to likely high subscription, it is anticipated that not more than 25% of the forgiven amount may be for non-payroll costs. Loan payments will be deferred for 6 months. When can I apply?
 Starting April 3, 2020, small businesses and sole proprietorship's can apply for and receive loans to cover their payroll and other certain expenses through existing SBA lenders.
 Starting April 10, 2020, independent contractors and self-employed individuals can apply for and receive loans to cover their payroll and other certain expenses through existing SBA lenders.
 Other regulated lenders will be

Where can I apply?
You can apply through any existing SBA lender or through any federally insured depository institution, federally insured credit union, and Farm Credit System institution that is participating. Other regulated lenders will be available to make these loans once they are approved and enrolled in the program. You should consult with your local lender as to whether it is participating. Visit www.sba.gov for a list of SBA lenders. Your first choice should be your own bank as lenders seem to be prioritizing applications with existing borrowers first.
  • First National Bank Texas has a site www.1stnb.com/ppp for processing applications if you were an existing bank customer as of April 10th. You’ll need to attached supporting payroll information (form 940/941 is ideal) for them to verify. All completed applications can be forwarded to ppp@1stnb.com. For questions or more info contact Chris McCorkle, SVP – Commercial Lending Portfolio Manager at Christopher.mccorkle@1stnb.com.
  • Heartland Capital Heartland is an approved Paycheck Protection Program (PPP) lender. Heartland has partnered with Lendio, the nation’s largest loan marketplace, to give restaurants unprecedented access to capital. Learn more on the Heartland Capital page. ​
  • Bank of San Antonio -  sba@thebankofsa.com 

Who can apply?
All businesses – including nonprofits, veterans organizations, Tribal business concerns, sole proprietorship, self-employed individuals, and independent contractors – with 500 or fewer employees can apply. Businesses in certain industries can have more than 500 employees if they meet applicable SBA employee-based size standards for those industries. For this program, the SBA’s affiliation standards are waived for small businesses
(1) in the hotel and food services industries ; or
(2) that are franchises in the SBA’s Franchise Directory; or
(3) that receive financial assistance from small business investment companies licensed by the SBA.

Additional guidance may be released as appropriate.

What do I need to apply?
You will need to complete the Paycheck Protection Program loan application and submit the application with the required documentation to an approved lender that is available to process your application by June 30, 2020.

CLICK HERE FOR APPLICATION

​What other documents will I need to include in my application?
You will need to provide your lender with payroll documentation. Do I need to first look for other funds before applying to this program? No. We are waiving the usual SBA requirement that you try to obtain some or all of the loan funds from other sources (i.e., we are waiving the Credit Elsewhere requirement). How long will this program last? Although the program is open until June 30, 2020, we encourage you to apply as quickly as you can because there is a funding cap and lenders need time to process your loan. How many loans can I take out under this program? Only one. What can I use these loans for? You should use the proceeds from these loans on your:
 Payroll costs, including benefits;
 Interest on mortgage obligations, incurred before February 15, 2020;
 Rent, under lease agreements in force before February 15, 2020; and
 Utilities, for which service began before February 15, 2020.

What counts as payroll costs?
Payroll costs include:
 Salary, wages, commissions, or tips (capped at $100,000 on an annualized basis for each employee);
 Employee benefits including costs for vacation, parental, family, medical, or sick leave; allowance for separation or dismissal; payments required for the provisions of group health care benefits including insurance premiums; and payment of any retirement benefit;
 State and local taxes assessed on compensation; and
 For a sole proprietor or independent contractor: wages, commissions, income, or net earnings from self-employment, capped at $100,000 on an annualized basis for each employee.

How large can my loan be? Loans can be for up to two months of your average monthly payroll costs from the last year plus an additional 25% of that amount. That amount is subject to a $10 million cap. If you are a seasonal or new business, you will use different applicable time periods for your calculation. Payroll costs will be capped at $100,000 annualized for each employee. How much of my loan will be forgiven? You will owe money when your loan is due if you use the loan amount for anything other than payroll costs, mortgage interest, rent, and utilities payments over the 8 weeks after getting the loan. Due to likely high subscription, it is anticipated that not more than 25% of the forgiven amount may be for non-payroll costs. You will also owe money if you do not maintain your staff and payroll.
 Number of Staff: Your loan forgiveness will be reduced if you decrease your full-time employee headcount.
 Level of Payroll: Your loan forgiveness will also be reduced if you decrease salaries and wages by more than 25% for any employee that made less than $100,000 annualized in 2019.
 Re-Hiring: You have until June 30, 2020 to restore your full-time employment and salary levels for any changes made between February 15, 2020 and April 26, 2020.

How can I request loan forgiveness?
You can submit a request to the lender that is servicing the loan. The request will include documents that verify the number of full-time equivalent employees and pay rates, as well as the payments on eligible mortgage, lease, and utility obligations. You must certify that the documents are true and that you used the forgiveness amount to keep employees and make eligible mortgage interest, rent, and utility payments. The lender must make a decision on the forgiveness within 60 days.

What is my interest rate?
0.50% fixed rate.

When do I need to start paying interest on my loan?
All payments are deferred for 6 months; however, interest will continue to accrue over this period.

When is my loan due?
In 2 years.

Can I pay my loan earlier than 2 years?
Yes. There are no prepayment penalties or fees.

Do I need to pledge any collateral for these loans?
No. No collateral is required.

Do I need to personally guarantee this loan?
No. There is no personal guarantee requirement. ***However, if the proceeds are used for fraudulent purposes, the U.S. government will pursue criminal charges against you.***

What do I need to certify?
As part of your application, you need to certify in good faith that:
 Current economic uncertainty makes the loan necessary to support your ongoing operations.
 The funds will be used to retain workers and maintain payroll or to make mortgage, lease, and utility payments.
 You have not and will not receive another loan under this program.
 You will provide to the lender documentation that verifies the number of full-time equivalent employees on payroll and the dollar amounts of payroll costs, covered mortgage interest payments, covered rent payments, and covered utilities for the eight weeks after getting this loan.
 Loan forgiveness will be provided for the sum of documented payroll costs, covered mortgage interest payments, covered rent payments, and covered utilities. Due to likely high subscription, it is anticipated that not more than 25% of the forgiven amount may be for non-payroll costs.
 All the information you provided in your application and in all supporting documents and forms is true and accurate. Knowingly making a false statement to get a loan under this program is punishable by law.
​ You acknowledge that the lender will calculate the eligible loan amount using the tax documents you submitted. You affirm that the tax documents are identical to those you submitted to the IRS. And you also understand, acknowledge, and agree that the lender can share the tax information with the SBA’s authorized representatives, including authorized representatives of the SBA Office of Inspector General, for the purpose of compliance with SBA Loan Program Requirements and all SBA reviews.
This website is underwritten by Foresite Commercial Real Estate to provide a a non-profit resource to the retail industry impacted by COVID-19.  If you would like to support this resource please do so by purchasing goods or services from a local retailer near you.
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