Pandemic Darlings The pandemic economy, in original documents
Home Source documents SBA Procedural Notice 5000-857295: 504 Refinancing Revisions to SOP 50 10 7.1 that Incorporate Changes made by 504 Debt Refinancing Direct Final Rule

SBA Procedural Notice 5000-857295: 504 Refinancing Revisions to SOP 50 10 7.1 that Incorporate Changes made by 504 Debt Refinancing Direct Final Rule

Summary

SBA Procedural Notice, Control No. 5000-857295, effective October 1, 2024, to SBA employees and certified development companies, on 504 refinancing revisions to SOP 50 10 7.1. It revises the SOP provisions on the debt refinancing options in the 504 Loan Program to incorporate the changes made by the 504 Debt Refinancing Direct Final Rule (89 FR 79734), published October 1, 2024. The notice sets out the revised provisions.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

                      SBA Procedural Notice

TO: All SBA Employees and Certified                                                CONTROL NO.: 5000-857295
Development Companies
                                                                                   EFFECTIVE: October 1, 2024
SUBJECT: 504 Refinancing Revisions to SOP 50
10 7.1 that Incorporate Changes made by 504 Debt
Refinancing Direct Final Rule




 The purpose of this Notice is to revise the provisions of the SOP 50 10 7.1 relating to the debt
 refinancing options available in the 504 Loan Program to incorporate the changes made by the
 504 Debt Refinancing Direct Final Rule (89 FR 79734) published October 1, 2024. The
 effective date of the rule will be November 15, 2024. The changes made by the Direct Final
 Rule include: (1) removing the 50% cap on debt refinance without expansion to conform with
 current legislation; (2) raising the loan to value requirement on debt refinancing without
 expansion projects that include other business expenses to 90% and eliminating the cap on
 Eligible Business Expenses; (3) aligning the “substantially all” standard for 504 debt
 refinancing with expansion so it is consistent with the debt refinancing without expansion
 standard of 75%; (4) revising the 10% substantial benefit test on 504 debt refinancing with
 expansion and 504 debt refinancing without expansion on refinancing other government debt;
 and (5) allowing certain “other secured debt” to be included as an Eligible Business Expense.

The revisions to SOP 50 10 7.1 are described below. Where revisions are not included, the
guidance remains as previously published in SOP 50 10 7.1.

A. SOP 50 10 7.1, Section C, Chapter 1, paragraph C.10 is revised to read as follows:

        a. Subparagraph C(10)(a)(i)(e)(iii) is deleted in its entirety and replaced with the
           following:
“iii) The refinancing of a Federally-guaranteed loan provided a substantial benefit to the
borrower after Eligible Business Expenses, prepayment penalties, financing fees, and other
financing costs are accounted for. “Substantial benefit” will mean that the portion of the new
installment amount attributable to the debt being refinanced must be less than the existing
installment amount(s). In calculating the percentage reduction in the new installment payment,
prepayment penalties, financing fees, and other financing costs, must be added to the amount
being refinanced, but not Eligible Business Expenses. The CDC may request the D/FA or
PAGE 1 of 4                                                                                EXPIRES: 10/1/25
SBA Form 1353.3 (4-93) MS Word Edition; previous editions obsolete
Must be accompanied by SBA Form 58

                                   Federal Recycling Program   Printed on Recycled Paper
designee to approve an exception to the reduction requirement for good cause. PCLP CDCs may
not use their delegated authority to approve a loan requiring this exception.”

          b. Subparagraph C(10)(iii) is deleted in its entirety and replaced with the following:

“iii. “Refinancing Project” means the fair market value of the Eligible Fixed Asset(s) securing
the Qualified Debt and any other fixed assets acceptable to SBA (Additional fixed assets may
be added only when needed to comply with the 90% Loan-to-Value Limitation described in
C.10.i below). A refinancing project may include funds for Eligible Business Expenses.”

          c. Subparagraph C(10)(a)(iv) is deleted in its entirety and replaced with the following:

“iv. “Eligible Business Expenses (EBE)” are payments of the business for either Operating
Expenses or Other Secured Debt that:
     a)     Are limited to the “Operating Expenses” which are expenses of the business that
            were incurred but not paid prior to the date of the 504 application or that will become
            due for payment within 18 months after the date of application. Examples include
            salaries, rent, utilities, inventory, and other expenses of the business that are not
            capital expenditures.
     b)     Business Lines of credit and business credit cards may be included, if:
              Loan proceeds are not used to cover any personal expenses;
              If the line of credit and/or credit card was used for personal expenses, the
              Applicant must identify which purchases were for personal expenses and deduct
              that amount from the amount to be refinanced as an EBE;
              The line of credit and/or credit card are in the name of the small business; and
              The Applicant and the CDC certify in the loan application that the debt being
              refinanced was incurred exclusively for EBE.”
     c)    “Other Secured Debt” is debt incurred prior to the 504 loan application that has been
            secured by the same Eligible Fixed Assets securing the Qualified Debt and incurred
            for the benefit of the Borrower and/or Operating Company. Other Secured Debt does
            not include debt incurred for the purposes of capital expenditures, and any existing
            liens must be released or subordinated to the amount of the debt being refinanced by
            the 504 loan.

            This is debt must be secured for at least 6 months prior to the date of application by
            the same Eligible Fixed Asset(s) securing the Qualified Debt; and

            The Borrower has been current on all payments due for not less than 6 months
            preceding the date of application. “Current on all payments due” means that no
            payment was more than 30 days past due from either the original payment terms or
            modified payment terms (including deferments) if such modification was agreed to in
            writing by the Borrower and the lender of the existing debt note less than one year
            prior to the date of application.

PAGE 2 of 4                                                                                  EXPIRES: 10/1/25
SBA Form 1353.3 (4-93) MS Word Edition; previous editions obsolete
Must be accompanied by SBA Form 58

                                     Federal Recycling Program   Printed on Recycled Paper
     d)       If the Borrower is requesting that the refinancing include EBE, the application must
              include a specific description and an itemization of the amount of each expense.
     e)       The CDC must retain in its file the following EBE documentation:
                EBE must be itemized (a gross figure is not acceptable).
                The CDC’s credit memorandum must:
                       Document the nature of the EBE;
                       Provide the itemization of EBE; and
                       Include the CDC’s certification that the EBE are eligible as defined in this
                           paragraph.”

B. SOP 50 10 7.1, Section C, Chapter 1, paragraph C.11 is revised to read as follows:

  a. Subparagraph C(11)(b)(i) is deleted in its entirety and replaced with the following:
“i. Either:
      a)      Substantially all (75% or more) of the proceeds of the existing debt was used to
              acquire a fixed asset(s) that was eligible for financing under the 504 loan program and
              the remaining amount (25% or less) was incurred for the benefit of the small business
              seeking refinancing; or
           If the fixed asset(s) was originally financed through a commercial loan (hereafter the
               “original loan”) that was subsequently refinanced one or more times:
                Substantially all (75% or more) of the proceeds of the original loan was used to
                    acquire the fixed asset(s) and the remaining amount (25% or less) was incurred
                    for the benefit of the small business seeking the refinancing; and
                The existing debt is the most recent refinancing of the original loan.”

  b. Subparagraph C(11)(b)(vi) is deleted in its entirety and replaced with the following:
“vi. The financing will provide a substantial benefit to the Borrower when prepayment penalties,
financing fees, and other financing costs are accounted for.
“Substantial Benefit” means that the portion of the new installment amounts attributable to the debt
being refinanced must be less than the existing installment amount(s). The total installment amount is
determined by adding the two installment amounts attributable to the refinancing using the interest
rate of the most recent debenture funding on the 504 loan and the committed interest rate of the Third
Party Lender loan. The total amount must be less than the existing installment amount(s).
      a)      Prepayment penalties, financing fees, and other financing costs must also be added to the
              amount being refinanced in calculating the reduction in the new installment payment.
      b)      Loans with seasonal payments would meet the Substantial Benefit test if there was an
              improvement in the installment when calculated by averaging all payments over the most
              recent twelve month period from date of application and comparing that to the new
              installment amount attributable to the debt being refinanced.
     c)       Loans with balloon payments meet the Substantial Benefit test independent of the
              reduction requirement.”

PAGE 3 of 4                                                                                   EXPIRES: 10/1/25
SBA Form 1353.3 (4-93) MS Word Edition; previous editions obsolete
Must be accompanied by SBA Form 58

                                      Federal Recycling Program   Printed on Recycled Paper
  c. Subparagraph C(11)(i) is deleted in its entirety and replaced with the following:

“i. In its commitment letter (Exhibit 15 of SBA Form 1244), the Third Party Lender must certify
that it has no reason to believe that the following statements in paragraphs i. and ii. below are not
true:
               i. Either:
                    a) Substantially all (75% or more) of the proceeds of the indebtedness being
                    refinanced were used to acquire an Eligible Fixed Asset (e.g., land, including
                    a building situated thereon, to construct a building thereon, or to purchase
                    equipment) and the remaining amount (25% or less) was incurred for the
                    benefit of the small business seeking the refinancing; or
                    b) If the Eligible Fixed Asset(s) was originally financed through a
                    commercial loan (the “original loan”) that was subsequently refinanced one
                    or more times:
                        i) Substantially all (75% or more) of the proceeds of the original loan
                           was used to acquire an Eligible Fixed Asset (e.g., land, including a
                           building situated thereon, to construct a building thereon, or to
                           purchase equipment) and the remaining (25% or less) was incurred
                           for benefit of the small business seeking the refinancing; and
                        ii) The existing debt is the most recent refinancing of the original loan.
              ii.   All of the proceeds of the indebtedness being refinanced were used for the
                    benefit of the small business.
              iii. In addition, if the indebtedness being refinanced is debt of the Third Party
                   Lender, or any of its affiliates (Same Institution Debt), the Third Party Lender
                   must certify in its commitment letter that it is not in a position to sustain a loss
                   causing a shift to SBA of all or part of a potential loss from the existing debt.”

Questions
Questions concerning this Notice may be directed to the Lender Relations Specialist in the local
SBA Field Office.




Kathryn Frost
Associate Administrator
Office of Capital Access




PAGE 4 of 4                                                                                  EXPIRES: 10/1/25
SBA Form 1353.3 (4-93) MS Word Edition; previous editions obsolete
Must be accompanied by SBA Form 58

                                     Federal Recycling Program   Printed on Recycled Paper


File and source

File
2024-10_SBA-Procedural-Notice-5000-857295_504-Debt-Refi-Direct-Final-Rule-fb148481-c8d1-4836-b8db-4d1ada2361ed.pdf
Size
585,359 bytes
SHA-256
89263aff5a7f7be744fe07c1bc6693c9e99566f66d1bb0ca491f62b17e94da6a
Our copy
2024-10_SBA-Procedural-Notice-5000-857295_504-Debt-Refi-Direct-Final-Rule-fb148481-c8d1-4836-b8db-4d1ada2361ed.pdf
Original
www.sba.gov
Back to top