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Managing the Commercial Impact of the Coronavirus: Small Business Administration Loan Program

"You don’t want to be complacent. You always want to be ahead of the curve.” Dr. Anthony Fauci, M.D., Director of National Institute of Allergy and Infectious Diseases

Small and medium-sized businesses impacted by the COVID-19 outbreak and looking for solutions may find some relief from the disaster loan assistance program administered by the U.S. Small Business Administration (SBA). SBA’s Economic Injury Disaster Loan Program provides low-interest loan assistance after a disaster and is designed to provide small and medium-sized businesses with necessary working capital until normal operations can resume.  

Because the scale and geographic scope of the coronavirus are unprecedented, Congress and the Trump Administration are considering proposals to expand or expedite the SBA’s ability to provide emergency loan assistance to small businesses suffering economic injury as a result of the current COVID-19 public health emergency.  One of the critical challenges facing the SBA will be its ability to process and act on the sheer volume of Economic Injury Disaster Loan applications it will receive in the coming days and weeks. To address that concern, as well as the need for loan assistance by small businesses across the nation, forthcoming coronavirus relief/stimulus legislation may change some of the criteria for the SBA Economic Injury Disaster Loan assistance for businesses impacted by the COVID-19 mitigation measures being implemented by federal, state, and local governments.  We will continue to monitor the latest developments and provide updates as warranted on the SBA’s authority to provide economic assistance to small businesses impacted by the COVID-19 public health emergency.   

Key elements of the SBA’s Economic Injury Disaster Loan Program are as follows: 

  • Loan Amounts. Loan amounts are based on a company’s actual economic injury and financial need, up to $2 million per loan.   

  • Loan Use. The money can be used to meet financial obligations and operating expenses that the company would otherwise have been able to meet had the disaster not occurred.

  • Loan Eligibility. Small businesses seeking an Economic Injury Disaster Loan must:

    • (i) be located in a declared disaster area, 

    • (ii) be a small business, small agricultural cooperative or nonprofit organization; and 

    • (iii) have suffered substantial economic injury.  Substantial economic injury means the business is unable to meet its obligations and to pay its ordinary and necessary operating expenses. 

      Disaster Area declarations are issued by the SBA on its own authority, or at the request of a state or territory’s Governor. Twenty-one states are already recognized COVID-19 disaster areas, but we expect the list to continue to expand as more Governors request SBA to issue Economic Injury Disaster Loan assistance declarations for their states.  See the complete list of current SBA Declared Disaster Areas here

  • Loan Terms

    • 3.75% fixed interest rate on loans to for-profit companies.

    • 2.75% fixed interest rate on loans to non-profit companies.

    • Up to 30-year term and amortization (determined on a case-by-case basis).

  • How to Apply. Those that qualify can apply online for the Economic Injury Disaster Loan here. Additionally, the company will need to provide a signed and dated IRS Form 4506-T giving permission for the IRS to provide SBA your tax return information.

  • Additional information. Additional information is available at the SBA disaster assistance customer service center.  Call 1-800-659-2955 (TTY: 1-800-877-8339), or e-mail disastercustomerservice@sba.gov.  

In summary, it is important for small and medium-sized businesses to take additional steps now in order to mitigate their risk of suffering negative impacts from the coronavirus.

© 2020 Foley & Lardner LLPNational Law Review, Volume X, Number 78

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About this Author

Ann Marie Uetz, Foley Lardner, Debtor Representation, Bankruptcy Lawyer
Partner

Ann Marie Uetz is a partner and trial attorney with Foley & Lardner LLP, where she represents clients in a variety of industries in all aspects of their contracts and business disputes. She also represents debtors, creditors and secured and unsecured lenders in all facets of restructuring. Ms. Uetz focuses her practice on business litigation and bankruptcy, two of Foley’s practice areas recently ranked by U.S. News—Best Lawyers® as “national First-Tier” practices in recognition of excellence in client service.

313-234-7114
Frank Murray, Government Contractors, procurement law, Foley Lardner Law Firm
Partner

Frank Murray, Jr. is senior counsel and a business lawyer with Foley & Lardner LLP where he focuses his practice on issues related to government procurement and supply chain regulation. He is a member of the firm’s Government & Public Policy and Government Procurement Supply Chain Regulation Practices and the Automotive Industry Team.

Mr. Murray advises government contractors and commercial clients seeking to do business with the federal government on wide-ranging procurement law issues, including both pre-award and post-award bid protests, Buy American and related domestic preference and sourcing issues, supply chain management, data rights and intellectual property issues, false claims, defective pricing, organizational conflicts of interest ("OCIs"), contractor claims, contract administration issues, debarment/suspension, commercial item procurements, contractor codes of business ethics and conduct, small business subcontracting, small business set-aside issues and protests of small business size status, and cost accounting matters. 

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Leslie A. Pinney is an associate with Foley & Lardner LLP, and a member of the firm’s Transactions Practice.

Prior to joining Foley, Leslie served as a law clerk to the Honorable Nancy G. Edmunds, United States District Court for the Eastern District of Michigan. Leslie also served as a judicial intern to the Honorable Judith E. Levy, United States District Court for the Eastern District of Michigan and interned for a semester with the University of Michigan Vice President and General Counsel's Office.

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Jamie N. Class Partner Boston Finance Corporate Bankruptcy & Business Reorganizations
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Jamie N. Class is a partner and business lawyer with Foley & Lardner LLP. She advises clients in structuring, negotiating and closing debt financing transactions and restructurings. Jamie has more than 20 years’ experience representing US and global clients as issuers of and investors in debt instruments in a broad variety of debt financing and restructuring transactions.

Jamie is skilled at working with multiple parties to close syndicated secured and unsecured credit facilities, private placements and public offerings of securities, second lien notes, tender offers, exchange...

617-226-3111