First, revision C of the SOP requires that a copy of the standby note be attached to the standby agreement. Where the standby debt is a shareholder debt or other debt due to the investor, there is often no indication of the debts that exist only in the applicant`s annual accounts. In this case, the borrower must write a note and provide a copy to the lender. “… The lender can use the SBA 155 form or a standby contract form. A copy of the note must be attached to the standby agreement… The custodial creditor must subordinate all the security rights to the security that provide credit to the lender`s rights to the guarantees and not take action against the borrower or the security that secures the debt on standby without the lender`s consent” (added mention). Third, while the SBA requires the custodial creditor to subordinate its pawn rights to the lender`s pledge, Form SBA 155 does not contain a language of subordination. It is therefore up to the lender to sign, in addition to Form 155, a separate subordination agreement or to use its own form, which contains the necessary language of subordination. Lenders should ensure that these forms, when using their own forms, meet all the requirements of the monitoring agreement in the credit authorization. Second, whatever the reason for the standby agreement, the reference should contain a language that reflects the “watch” provisions or, at the very least, indicate that the reference is subject to the provisions of the standby agreement. By adding this language to the “watch” note, any future third-party buyer or beneficiary of the watch ticket will be informed of the monitoring rules, which will allow the lender to enforce these provisions in the future to these third parties.
In certain circumstances, an SBA lender may be required to obtain a standby loan agreement for the conclusion of its SBA loan. As a general rule, the watch agreements provide for the postponement of payments on sellers` debts or debts against the borrower`s investor (s) to achieve one of the two objectives: (1) for credit reasons such as the postponement of the debt payment, in order to improve cash flow for technical insurance purposes; or (2) qualify debt as an equity contribution. Notwithstanding the reason for the standby agreement, the SBA has certain requirements for these agreements that lenders should meet when liquidating and closing their SBA-guaranteed loans. Structural actions. Following the removal of structural performance criteria, progress in implementing structural measures essential to achieving the programme`s objectives will be subject to holistic evaluation, including through benchmarks. SOP 50 10 5 (C) sets guidelines for standby agreements on page 212. The SOP notes that David has been very involved with the U.S. Small Business Administration in revamping SOP 50-10, and is currently spending time with the agency to assist in the revisions to SOP 50-51.