SSBCI PROGRAM REQUIREMENTS. VSBFA and the Lender acknowledge that the Program will be funded, in whole or in part, by State Small Business Credit Initiative Program funds, as available, and as such, both VSBFA and the Lender agree that the use of funds pursuant to this Agreement shall be governed by, and not be in derogation of, any rules, regulations, or guidelines for the Program promulgated or issued by the US Treasury or the Commonwealth of Virginia. As to each Loan in which VSBFA provides collateral support, the Lender agrees that it will have determined to the best of its knowledge and belief that all of the following are true and correct:
a) The proceeds of the Loan will not be used:
i. Eliminate the bank’s requirement for collateral or the principal’s personal guaranty, or
ii. Finance passive real estate investment, purchase of residential housing, real estate construction or development, or
iii. Refinance a Lender’s existing debt, except that if there is additional debt added to the refinance amount, the additional principal is eligible for CCP, or
iv. Repay delinquent federal or state income taxes unless the Borrower has a payment plan in place with the relevant taxing authority; or repay taxes held in trust or escrow, e.g. payroll or sales taxes; or
v. Reimburse funds owed to any owner, including any equity injection or injection of capital for the business’ continuance; or
vi. To purchase any portion of the ownership interest in the Borrower; or to purchase any portion of the ownership interest in any company, including 100% interest; or
vii. To purchase goodwill, or
viii. To finance the unguaranteed portion of SBA-guaranteed loans or other federally guaranteed loans, or
ix. To provide financing to a religious establishment unless the proceeds of the loan are used only for a “business purpose.” A “business purpose” does not include an explicitly religious purpose, and the proceeds of the loan to a religious establishment may not be used for the purposes of supporting, assisting, or furthering an explicitly religious purpose, including, but not limited to, worship, religious instruction, or proselytization.
b) No principal of the Borrower or the Lender has been convicted of a sex offense against a minor (as such terms are defined in Section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. § 16911));
c) The Lender is in material compliance with all federal and state laws, rules, and regulations pertaining to the making of loans (including 31 C.F.R. § 103...
SSBCI PROGRAM REQUIREMENTS. 1. Borrower Size. Borrower does not have more than 750 employees (as an aggregate when also including all employees of the [OPERATING COMPANY NAME] and to the extent Borrower is a real estate holding company using the proceeds of the Loan to acquire and hold real or personal property and subsequently leasing the real or personal property to a [OPERATING COMPANY NAME].
SSBCI PROGRAM REQUIREMENTS. Obligations of the Rural Center will cease immediately without penalty or further payment being required if the Allocated Funds for the Program are no longer available (whether they have all been otherwise utilized or the Rural Center no longer has access to them). The Rural Center and the Lender acknowledge that the Program will be funded, in whole or in part, by State Small Business Credit Initiative Program funds, as available, and as such, both the Rural Center and the Lender agree that the use of funds pursuant to this Agreement shall be governed by, and not be in derogation of, any rules, regulations, or guidelines for the Program promulgated or issued by the US Treasury or the State of North Carolina. As to each Loan in which the Rural Center purchases a Participation, the Lender agrees that it will have determined that all of the following are true and correct:
A. The proceeds of the Loan will not be used:
i. to repay delinquent federal or state income taxes unless the Borrower has a payment plan in place with the relevant taxing authority;
ii. to repay taxes held in trust or escrow (e.g., payroll or sales taxes);
iii. to reimburse funds owed to any owner of the Borrower, including any equity injection or injection of capital for the Borrower's continuance;
iv. to purchase any portion of any ownership interest in the Borrower;
v. for activities that relate to acquiring or holding passive investments, such as commercial real estate ownership and the purchase of securities; and lobbying activities, as defined in Section 3(7) of the Lobbying Disclosure Act of 1995, P.L. 104-65, as amended; or
vi. to refinance a loan previously made to the Borrower by the Lender;
B. No principal of the Borrower or the Lender has been convicted of a sex offense against a minor (as such terms are defined in Section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. § 16911));
C. The Lender is in material compliance with all federal and state laws, rules, and regulations pertaining to the making of loans (including 31 C.F.R. § 103.121);
D. The Borrower is ready to implement the Project and has the financial ability to carry out the Project;
E. The Borrower is responsible and creditworthy;
F. The Loan is protected by security, which may include, as available, first or second mortgage positions on real or personal property, royalty payments on sales of products or services, or any other security satisfactory to the Lender to secure repayment of the Loan. P...
SSBCI PROGRAM REQUIREMENTS. VSBFA and the Lender acknowledge that the Program will be funded, in whole or in part, by State Small Business Credit Initiative Program funds, as available, and as such, both VSBFA and the Lender agree that the use of funds pursuant to this Agreement shall be governed by, and not be in derogation of, any rules, regulations, or guidelines for the Program promulgated or issued by the US Treasury or the Commonwealth of Virginia. As to each Loan in which VSBFA provides collateral support, the Lender agrees that it will have determined to the best of its knowledge and belief that all of the following are true and correct:
a) The proceeds of the Loan will not be used:
(i) to repay delinquent federal or state income taxes unless the Borrower has a payment plan in place with the relevant taxing authority;
(ii) to repay taxes held in trust or escrow (e.g., payroll or sales taxes); to reimburse funds owed to any owner, including any equity injection or injection of capital for the business’ continuance;
(iii) to purchase any portion of the ownership interest of any owner of the business; or
(iv) to purchase goodwill; or
SSBCI PROGRAM REQUIREMENTS
