Exhibit 5: ABE’s 4/24/2020 Borrower Application Form to Meridian Bank — No. 2:21-cr-00520 (Dkt. 34-5, D. Utah)

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Filed as Exhibit 5 (Dkt. 34-5) in No. 2:21-cr-00520 in the U.S. District Court for the District of Utah, this is the SBA Form 2483 Paycheck Protection Program borrower application that Allison Baver Entertainment, an LLC, submitted to Meridian Bank. The form lists average monthly payroll of $4,769,583, a loan request of $11,923,958 and 430 employees. It is signed by Allison Baver as owner and dated 4/24/2020.

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Exhibit 5

ABE’s 4/24/2020 Borrower Application Form to Meridian Bank


oe of Paycheck Protection Program OMB. Control No; 3245-0407
ae Borrower Application Form Expiration Date: 09/30/2020
Check One: 1 Sole proprietor O Partnership QO C-Corp O S-Corp @ LLC DBA or Tradename if Applicable
Q Independent contractor QO) Eligible self-employed individual
OQ 501(cX3) nonprofit O 501{cX19) veterans organization
OQ) Tribal business (sec. 31(b\(2)(C) of Small Business Act) O Other
Business Legal Name
Allison Baver Entertainment
Business Address Business TIN (EIN, SSN) Business Phone
Primary Contact Email Address
Allison Baver | i |
Average Monthly Payroll: $ 4,769,583 x 2.5 + EIDL, Net of $ 11,923,958 Number of Employees:| 430
Advance (if Applicable)
Equals Loan Request:
Purpose of the loan
(select more than one): (Payroll lL ease / Mortgage Interest MUtilities [Other (explain): Insurance
Applicant Ownership

List all owners of 20% or more of the equity of the Applicant. Attach a separate sheet if necessary.

7 Owner Name - 7 Xitle » Ownership % | TIN (BIN,SSN) | 00 Address

Allison Baver Owner 100

x

If. guestions (1) or (2) below are answered “Yes,” the loan will not be approved.
| Question | Yes | No |
1. Is the Applicant or any owner of the Applicant presently suspended, debarred, proposed for debarment, declared ineligible,
voluntarily excluded from participation in this transaction by any Federal department or agency, or presently involved in any CJ
bankruptcy?

2. Has the Applicant, any owner of the Applicant, or any business owned or controlled by any of them, ever obtained a direct or O
guaranteed loan from SBA or any other Federal agency that is currently delinquent or has defaulted in the last 7 years and
caused a loss to the government?

@ O

3. Is the Applicant or any owner of the Applicant an owner of any other business, or have common management with, any other
business? If yes, list all such businesses and describe the relationship on a separate sheet identified as addendum A.

4. Has the Applicant received an SBA Economic Injury Disaster Loan between January 31], 2020 and April 3, 2020? If yes, 0 I
provide details on a separate sheet identified as addendum B.

If questions (5) or (6) ave answered “Yes,” the loan will not be approved.

| Question | Yes | No
5. Is the Applicant (if an individual) or any individual owning 20% or more of the equity of the Applicant subject Oo CI
to.an indictment, criminal information, arraignment, or other means by which formal criminal charges are
brought in any jurisdiction, or presently incarcerated, or on probation or parole?

Initial here to confinm your response to question 5 —> A

6. Within the last 5 years, for any felony, has the Applicant (if an individual) or any owner of the Applicant 1)
been convicted; 2) pleaded guilty; 3) pleaded nolo contendere; 4) been placed on pretrial diversion; or 5) been CT
placed on any form of parole or probation (including probation before judgment)?

Initial here to confirm your response to question 6 —

7. Is the United States the principal place of residence for all employees of the Applicant included in the mi
Applicant’s payroll calculation above?
8. Is the Applicant a franchise that is listed in the SBA’s Franchise Directory? CJ (a)
]
SBA Form 2483 (04/20)

FI-MB-ABE-05-00019

Paycheck Protection Program
Borrower Application Form

By Signing Below, You Make-the Following Representations, Authorizations, and Certifications

CERTIFICATIONS AND AUTHORIZATIONS

I.certify that:
e Ihave read the statements included in this form, including the Statements. Required by Law and Executive Orders, and I understand them.
¢ The Applicant is eligible to receive-a loan under the rules in effect at the tine this application is submitted that have been issued by the
Small Business Administration (SBA) implementing the Paycheck Protection. Program under Division A, Title I of the-Coronavirus
Aid, Relief, and Economic Security Act (CARES Act) (the Payeheck Protection Prograim.Rule).

e The Applicant (1) is an independent-contractor, eligible self-employed individual, or sole-proprietor or (2) employs no more
than the greater of 500 oremployees or, if applicable, the size standard in number of employees established by the SBA in 13
CFR. 121.201 for the Applicant’s industry.

I will comply, whenever applicable, with the civil rights and other limitations in this form.

All SBA loan proceeds: will be used only for business-related purposes as specified in the loan application and consistent with the
Paycheck Protection Program Rule.

To the extent.feasible, [ will purchase only American-made equipment.and products.

The Applicant is not engaged in any activity that is illegal under federal, state-or local law,

Any loan received by the Applicant under Section 7(b)(2) of the Small Business Act between. January 31,2020 and April 3, 2020. was
fora purpose other than paying payroll costs:and other allowable uses loans under the Paycheck Protection Program Rule.

For Applicants who are:individuals: I authorize the SBA to request criminal record information. about-me from criminal justice agencies for the
purpose of determining my eligibility for programs.authorized by the Small Business Act, as-amended.
CERTIFICATIONS

The authorized representative of the Applicant must certify in good faith to all of the below by initialing next to each one:

The Applicant-was in operation on February 15,2020 and had employees for whom it paid salaries.and. payroll taxes or paid independent
contractors,.as reported on Form(s) 1099-MISC.

Current economic uncertainty makes this loan request necessary to support the ongoing operations.of the Applicant.

The funds will be used to retain workers and maintain payroll or make mortgage interest payments, lease payments, and utility payments,
as.specified-under the Paycheck Protection Program Rule; I understand thatif the funds are knowingly used for unauthorized purposes,
the federal government may hold me legally liable, such as for charges of fraud.

The Applicant will provide to the Lender documentation verifying the numberof full-time equivalent employees on the Applicant’s
payroll aswell as the dollar amounts of payroll costs, covered mortgage interest payments, covered rent payments, and covered utilities
for the eight-week period following this loan,

T understand that loan forgiveness will be provided for the sun of documented payroll costs, covered mortgage interest payments,
covered rent paymierits, and covered utilities, and stot: more than.25% of the forgiven amount may be for non-payroll costs.

During the period beginning on February 15, 2020 and ending on December 31,2020, the Applicant has not and will not receive another
loan under the. Paycheck Protection Program.

Pale] ® Le lel Tp

I further certify that.the information provided in this: application. and the information provided in all supporting documents and
forms is true and accurate in all material respects. 1 understand that-_knowingly making a-false. statement to obtain.a guaranteed loan
from SBA is punishable under the law, including under 18 USC 1001 and 3571 by imprisonment of not more than five years and/or a
fine of up to. $250,000, under 15 USC 645 by imprisonment of not more.than two years and/or afine of not more.than $5,000; and, if
submitted to a federally insured institution, under 18 USC 1014 by imprisonment of net more than thirty years and/or a fine-of not
& more than $1,000,000.

I acknowledge that the lender will confirm the eligible loan amount using required documents submitted. [ understand,
acknowledge and agree that the Lender can share:any tax information that [ have provided with SBA’s authorized representatives,
including authorized representatives of the SBA Office of Inspector General, for the purpose. of comipliance with SBA Loan
Program Requirempnts and & all SBA reviews.

ot ome 4/24/2020
Me he ad
Signature of Authorized Representative of Applicant Date
Allison Baver owner
Print Name Title
2
SBA Form 2483 (04/20)

FI-MB-ABE-05-00019.02

Paycheck Protection Program
Borrower Application Form

Purpose of this form:

This:form is to be completed by the authorized representative-of the Applicant and submitted to your SBA Participating Lender. Submission of
the requested information is tequired to make a determination regarding eligibility for financial assistance. Failure to submit the information
would affect thatdetermination.

Instructions for completing this form:

With:respect to “purpose of the loan,” payroll costs:consist of compensation to employees (whose principal place of residence is the United
States) in the form of salary, wages, commissions, or similar compensation; cash tips or the equivalent (based on eniployer records of past tips
or, in the absence of such records, a reasonable, good-faith employer estimate of such tips), payment for vacation, parental, family, medical, or
sick leave; allowance for separation or dismissal; payment for the provision of employee benefits consisting of sroup health care-coverage,
including insurance premiums, and retirement; payment-of'state and local taxes assessed-on compensation of employees: and for-an
independent contractor or sole proprietor, wage, commissions, income, or net earnings from self-employment or similar compensation.

For purposes of calculating “Average Monthly Payroll,” most Applicants-will use the average monthly payroll for 2019, excluding costs over
$100,000 ont an annualized basis for cach eriployee. For seasonal businesses, thie Applicant may elect to instead use average inonthly payroll
for the time period between February. 15,2019 and June 30,2019, excluding costs-over $100,000 on.an annualized basis for each employee.
For new businesses, average monthly payroll may. be calculated using the time period from January 1, 2020 to February 29, 2020, excluding
costs over $100,000 on an annualized basis:for eacli employee.

If Applicant is refinancing an. Economic. Injury Disaster Loan.(EIDL). Add the outstanding amountof'an EIDL made between January 31,2020
and April 3, 2020, less the amount of any “advance” under an EIDL COVID-19 loan, to Loan Request-as indicated on the form.

All parties listed below are considered owners of the Applicant as defined in 13°CFR § 120.10, as well as “principals”:
@ For.a sole proprietorship, the sole proprietor,
® For.a partnership, all general partners, and all limited partners owning 20% or more of the equity of the firm;

® Fora corporation, all owners of 20% or more of the corporation;

For limited liability companies, all members owning 20% or more of the company, and

® Any Trustor (if the Applicant is owned by a trust).

Paperwork Reduction Act — You are not required to respond to this collection of information unless it. displays a currently. valid OMB
Control Number. The-estimated time for completing this application, including gathering data needed, is 8 mmutes, Comments-about this time
or the information requested should be sent to: Small Business Administration, Director, Records Management Division, 409°3rd St., SW,
Washington DC 20416., and/or SBA Desk Officer, Office of Management.and Budget, New Executive Office Building, Washington DC
20503.

Privacy Act 6 U.S.C, 552a) — Under the provisions of the Privacy Act, you are not required to-provide your social security: number. Failure to
provide your social security number may notaffect any right, benefit-or privilege to which you are entitled. (But see Debt Collection Notice
regarditig taxpayer identification number below.) Disclosures-of nanie and other personal identifiers are required to provide SBA with
sufficient information te make:a character determination. When evaluating character, SBA considers the person’s.integrity, candor, and
disposition toward criminal actions. Additionally, SBA is specifically authorized to verity your criminal history, or lack thereof, pursuant to
séction 7(ay(1)(B), 15 USC Section 636(a)(1(B)-of the Small Business Act (the Act).

Disclosure of Information — Requests for information about another party:may be-denied unless SBA has the written permission of the
individual to-release the information to the requestor or unless the information is subject;to disclosure-under the Freedom of Information Act.
The Privacy Act. authorizes SBA to make:certain “routine uses’ of information protected by that Act. One such routine use is the disclosure of
information maintaitied in SBA’s systeni of records when this.information imdicates.a violation or potential violation of law, whether civil,
criminal, or administrative in nature. Specifically, SBA may refer the information to the appropriate agency, whether Federal, State, local-or
foreign, charged with responsibility for, or otherwise involved in investigation, prosecution, enforcement or prevention of such violations.
Another routine use is diselostire to-other Federal agencies conducting backgrourid checks but only to the-extent the information is televant to
the requesting agencies’ function. See, 74 F.R. 14890.(2009), and.as amended from time'to time for additional background and other routine
uses. In additioti, the CARES Act, requires SBA to register every loan made uwiider the Paycheck Protection Act using the Taxpayer
Identification Number (TIN) assigned to the borrower.

Debt Collection Act of 1982, Deficit Reduction Act-of 1984 31. U.S.C. 3701 et seq. and other fitles}— SBA must obtain your taxpayer
identification number when you apply fora. loan. If youreceive a loan, and. de not make payments as they come-due, SBA may: (1) report the
status-of your loan(s) to credit bureaus, (2) hirea collection agency to-collect your loan, (3) offset your income tax ‘refund or other amounts
due to:you from the Federal Governiient, (4) suspend or debar you or your company from doing business with the Federal Government, (5)
tefer your loan to the Department of Justice, or(6) forecloseon collateral or take other action permitted in the loan instruments.

Right to Financial Privacy Act of 1978.(12 U.S.C. 3401) — The Right to-Financial Privacy Act.of 1978, grants SBA access'rights to
financial records held by financial institutions that-are or have been doing business with you or your business including any financial

SBA Form 2483 (04/20)
FI-MB-ABE-05-00019.03

Paycheck Protection Program

: Borrower Application Form

institutions participating in a loan or loan guaranty. SBA is only required provide a certificate-of its compliance with the Act-to a financial
institution in connection with its first request for access to-your fmancial records. SBA's access rights continue for the termof any approved
loan guaranty agreement, SBA is also authorized to‘transfer to another Government authority any financial records.concerning an approved
loan or loan guarantee, as necessary: to process, service or foreclose’on.a loan guaranty or collect on a.defaulted loan guaranty.

Freedom of Information Act (6 U-S.C. 552)— Subject to certain exceptions, SBA must supply mformation reflected im agency files and
tecords to-a person requesting it. Information about:approved loans that will be-automatically released includes, among other things, statistics
or-our loan programs (individual borrowers are not identified in the statistics) and other information such as the:names of the borrowers (and
their-officers, directors, stockholders or partners), the collateral pledged to secure the loan, the amount of the loan, its purpose in general terms
and the:maturity. Proprietary data on a borrower would not routinely be made available te third parties. Allrequests under this Act are to be
addressed to the nearest SBA office and be-identified.as a Freedom of Information request.

Occupational Safety and Health Act (15 U.S.C, 651 et seq.) — The Occupational Safety and Health Administration (OSHA) can-require
businesses to modify facilities and procedures to protect employees. Businesses that do not comply may be fined, forced to cease-operations,
or prevented from starting operations. Signing this form is certification that the applicant, to the best of its knowledge, is in compliance with
the applicable OSHA requirements, and will remain in compliance during the life-of the loan.

Civil Rights (13 C.F.R. 112, 113, 117)— All businesses receiving SBA financial assistance must agree not-to discriminate-in any business
practice, including employment practices and services to the:public-on the basis of categories cited in 13 C.F.R., Parts. 112, 113, and 117 of
SBA Regulations. All borrowers must display the "Equal Employment Opportunity Poster" prescribed by SBA.

Equal Credit Opportunity Act (15 U.S.C. 1691) — Creditors are prohibited from discriminating-against credit applicants on the basis:of race,
color, religion, national origin, sex, marital status or age (provided the applicant has the.capacity to enter into a binding contract); because all
or part-of the-applicant's income-derives from any public assistance program, or because the.applicant has:in good faith:exercised any right
under the Consumer Credit Protection Act.

Debarment and Suspension Executive Order 12549; (2 CFR Part 180 and Part 2700) — By. submitting this loan application, you certify
that neither the Applicant or any owner of the Applicant have within the past three years beer: (a).debarred, suspended, declared ineligible or
voluntarily excluded from participation in a-transaction by- any Federal Agency; (b) formally proposed for debarment, with-a final

determination still pending; (c) indicted, convicted, or had.a-civil jadgment rendered against you for any of the offenses listed in the
regulations or (d) delinquent.on any amourits.owed to the US. Governiment or its instrumentalities as of the date of execution of this

certification.

SBA Form 2483 (04/20)

FI-MB-ABE-05-00019.04

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