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PPP Updates: Borrower Details Released, Application Extension & Revisions to Forgiveness Application Timing

Borrower Details Released

On July 6, 2020, the Small Business Administration (SBA) and the U.S. Treasury released detailed and searchable information about more than 650,000 borrowers that received PPP loans. As the SBA previously announced, for loans below $150,000, the names of borrowers were not released, but totals for those borrowers were provided by zip code, industry and business type.  

For loans of more than $150,000, the loan range, names, addresses, NAICS codes, business types, demographic information (if provided by the borrower), nonprofit status, jobs retained, date approved, lender name and congressional district were provided. Instead of identifying specific loan amounts for each borrower, the data is arranged in buckets ranging from $150,000 to $350,000; $350,000 to $1 million; $1 million to $2 million; $2 million to $5 million; and $5 million to $10 million.

The SBA and U.S. Treasury also noted that cancelled (or returned) loans were not included in this public release of data.  

Now that this information has been released, we suggest any concerned borrowers be prepared to answer questions from the press and other interested parties about whether they met eligibility requirements, why they needed a loan and how they used the loan proceeds. 

PPP Applications Extended Until August 8, 2020

On July 4, 2020, President Trump signed into law an extension of the Paycheck Protection Program (PPP), which extends the period in which businesses may apply for a PPP loan until August 8, 2020. The program previously expired on June 30, but in a surprise move last week, the Senate and House both unanimously approved this extension giving potential borrowers more time to access the program under the existing terms. Approximately $130 billion in funding remains.  

Updates on Forgiveness

The SBA and U.S. Treasury continue to clarify the PPP forgiveness process in light of the passage of the Paycheck Protection Program Flexibility Act of 2020 (as described here).  

One recent clarification was that a borrower may apply for forgiveness any time on or before the maturity date of its loan – including prior to the end of its applicable covered period – if the borrower has used all the loan proceeds for which it is requesting forgiveness.  

Borrowers that choose to apply for forgiveness prior to the end of their applicable covered period and who have reduced salaries or hourly wages for employees in excess of 25% must calculate such reductions for the full length of the covered period. The reduction based on the number of full-time employees will be based on the number of full-time employees as of the date of the forgiveness application. Therefore, borrowers should be careful about choosing the date for applying for forgiveness that provides the maximum forgiveness amount based on their individual circumstances. 

If a borrower does not apply for loan forgiveness within ten months after the last day of the covered period, or if the SBA determines that the loan is not eligible for forgiveness (in whole or in part), the borrower must begin paying principal and interest. If this occurs, the lender must notify the borrower of the date the first payment is due.

New Relief on the Horizon

Congress has indicated that an additional coronavirus relief package will be considered in mid-to-late July. We continue to monitor potential new relief programs that Congress is considering and will provide additional updates going forward. 

Copyright © 2020 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume X, Number 188
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Stephanie Few  Womble Dickinson Law Firm  Charleston SC Tax Law for Corporate Re locations
Partner

Investigate South Carolina’s largest economic development deals of the past 20 years, and chances are Stephanie Few played a role in making them happen. One of the biggest assets she brings to clients is her familiarity with local and state decision-makers throughout the Southeast, and particularly in South Carolina, where Stephanie had previously served as the City of Charleston’s Director of Economic Development. When the New York Times profiled Charleston’s economic development boom in 2017, Stephanie was one of the local leaders the Times turned to for insight.

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Sarah J. Wilk Corporate Attorney Womble Bond Dickinson Boston, MA
Associate

Sarah focuses her practice on a broad range of general corporate matters, including, mergers and acquisitions, corporate finance transactions, corporate governance, early stage corporate formation and federal securities law compliance. She counsels both public and private companies and advises companies and their boards on fiduciary duty matters, commercial contracts and a broad array of day-to-day corporate matters. 

Experience

  • Represented private company engaged in insurance technology business in asset sale to a strategic buyer.
  • Advised public company selling stock of its subsidiary to a strategic buyer.
  • Assisted private limited liability company in purchasing a seafood processing and distribution company.
  • Represented private medical device company in cross-border reverse merger with a larger medical device manufacturer and distributor.
  • Advised private marketing company with sale to strategic buyer.
  • Counseled American Railcar Industries, Inc., a railcar manufacturer, in various matters, including SEC reporting and a $625 million secured private offering of debt securities.
  • Advised pharmaceutical company in sale of secured debt to investment management firm.
  • Assisted private equipment leasing company with more than $500 million in secured financings.
  • Represented multiple emerging growth companies in early stage corporate matters and venture financing transactions.
857.287.3108
Howard King Corporate Lawyer Womble Bond Dickinson

Howard’s practice focuses primarily on the representation of multinational companies, private equity investors, family offices, and financial institutions in domestic and international mergers and acquisitions, joint ventures, recapitalizations, corporate financings, project financings, and other sophisticated transactions. Howard has advised public and private companies in a variety of industries, including manufacturing, technology, energy, real estate, logistics and transportation, finance, and environmental.

704.350.6352
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