Fillable CARES Act Section 1102 Lender Agreement (U.S. Small Business Administration)

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CARES Act Section 1102 Lender Agreement (U.S. Small Business Administration)

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OMB Control No.: 3245-0407
Expiration Date: 09/30/2021
CARES Act Section 1102 Lender Agreement
________________________________________ (“Lender”) hereby agrees as a condition and in
consideration of authorization by the United States Small Business Administration (“SBA”) and
the Department of Treasury for Lender to make Paycheck Protection Program SBA-guaranteed
financing available as part of the Coronavirus Aid, Relief, and Economic Security Act (“CARES
Act”) (P.L. 116-136) and the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and
Venues Act (“Economic Aid Act”) (P.L. 116-260) to eligible recipients, as follows (the
“Agreement”):
1. Lender Eligibility Requirements.
Federally insured depository institutions, federally insured credit unions, and Farm Credit
System institutions (other than the Federal Agricultural Mortgage Corporation) are eligible to
participate in the Paycheck Protection Program unless they currently are designated in Troubled
Condition by their primary federal regulator or are subject to a formal enforcement action by
their primary federal regulator that addresses unsafe or unsound lending practices.
Lender attests that it is:
Initial below
A federally insured depository institution; OR
A federally insured credit union; OR
A Farm Credit System institution (other than the Federal Agricultural
Mortgage Corporation) that applies the requirements under the Bank
Secrecy Act and its implementing regulations as a federally regulated
financial institution, or their functional equivalent in accordance with
section 314(b)(1) of the Economic Aid Act.
Lender attests that it is NOT:
Initial below
Designated in Troubled Condition by its primary federal regulator
Subject to a formal enforcement action by its primary federal regulator
that addresses unsafe or unsound lending practices
Lender Information:
Institution Name:
Headquarters (City, State):
Primary Federal Regulator (check one):
FRB
FDIC
OCC
NCUA
FCA
Lender Identifier (provide any that apply)
RSSD ID:
FDIC Certificate ID:
OCC Charter No.:
NCUA Charter No.:
SBA Form 3506 (04/2021)
2. Application for Guaranty. This Agreement governs only “covered loans,” duly approved
under delegated authority hereafter for guaranty by SBA, that are subject to the Paycheck
Protection Program under the CARES Act and the Economic Aid Act, sections 7(a)(36),
7(a)(37), and 7A of the Small Business Act, any rules or guidance that has been issued by SBA
implementing the Paycheck Protection Program, or any other applicable Loan Program
Requirements, as defined in 13 CFR § 120.10, as amended from time to time (collectively “PPP
Loan Program Requirements”).
3. Approval of Guaranty. Lender will process and approve covered loans under delegated
authority from SBA. Lender assumes all obligations, responsibilities, and requirements
associated with delegated processing of covered loans made under the Paycheck Protection
Program. Any change in the terms or conditions stated in the loan authorization shall be made in
accordance with PPP Loan Program Requirements. For purposes of making covered loans to an
eligible recipient under the Paycheck Protection Program, Lender is responsible, to the extent set
forth in the PPP Loan Program Requirements, for all decisions concerning the eligibility
(including size) of a borrower for a covered loan. Lender may issue a covered loan approved
under PPP procedures without prior SBA review and approval of the processing and
underwriting of the loan by executing a PPP Authorization.
4. Closing and Disbursement of Covered Loans. Lender must close and disburse each covered
loan in accordance with the terms and conditions of the PPP Authorization and PPP Loan
Program Requirements. Lender must ensure that a note and all other Loan Documents (as
defined in this paragraph) and additional documents are properly executed and take such other
actions necessary to fulfill the requirements of the Paycheck Protection Program. SBA is
entitled, at any time, to examine and obtain copies of all notes, certifications and documentation
(herein, collectively, called “Loan Documents”), and all other records held by Lender which
relate to covered loans made pursuant to the Paycheck Protection Program.
5. Administration of Covered Loans. Lender will hold the Loan Documents and receive all
payments of principal and interest unless Lender is required to transfer or assign the note to SBA
or a third party at SBA’s direction. Lender must service and liquidate all covered loans made
under the Paycheck Protection Program in accordance with PPP Loan Program Requirements.
Except when SBA directs otherwise, all servicing actions will be the responsibility of Lender,
which must follow accepted standards of loan servicing employed by prudent lenders.
6. Purchase by SBA. By making any written demand that SBA purchase the guaranteed portion
of a loan, Lender will be deemed thereby to certify that the covered loan has been made, closed,
serviced, and liquidated in compliance with the Paycheck Protection Program and PPP Loan
Program Requirements. This Agreement will remain in full force and effect with respect to the
covered loan after any purchase.
7. Prohibited Fees. Other than a fixed interest rate of 1.0%, calculated on a non-compounding,
non-adjustable basis, on the covered loan, Lender is not permitted to charge or receive any
bonus, fee, prepayment penalty, commission or other payment or benefit from a borrower in
connection with the making or servicing of any covered loan under the Paycheck Protection
Program.
SBA Form 3506 (04/2021)
8. Termination.
A. A Lender’s authority to make a covered loan under this Agreement will terminate on July 1,
2021. Either party may also terminate this Agreement upon not less than 10 days written
notice by certified mail to the other party. Termination will not affect the guaranty of any
covered loan previously authorized by SBA under the Paycheck Protection Program. It is
understood and agreed that Lender shall continue to comply with the Paycheck Protection
Program and PPP Loan Program Requirements with respect to any covered loan previously
authorized by SBA, including but not limited to the servicing and liquidation of such covered
loans. Termination by either party will not affect in any way Lender’s continuing obligation
to comply with this Agreement, the Paycheck Protection Program, and all PPP Loan Program
Requirements with respect to any covered loan previously authorized by SBA under this
Agreement. If this Agreement is terminated by either Lender or SBA, Lender hereby agrees
that SBA may in its sole discretion transfer some or all of the covered loans and/or the
servicing and liquidation of such covered loans and related fees or income to SBA or another
entity approved by SBA. If SBA requires the transfer of Lender’s covered loans, Lender
must cooperate with SBA to transfer responsibility for servicing and liquidating of such
covered loans.
B. The guaranty of any covered loan will be automatically terminated if Lender does not submit
to SBA a demand to purchase the guaranty or a request to extend the maturity within one year
after the maturity of the note.
9. Assignment. Lender may only assign or transfer its rights and obligations under this
Agreement with SBA’s prior written consent, which SBA may withhold in its sole discretion.
10. Interpretation of this Agreement.
A. This Agreement is subject to sections 7(a)(36), 7(a)(37), and 7A of the Small Business Act,
including the Paycheck Protection Program and PPP Loan Program Requirements and will be
interpreted and construed subject to, and to give full effect to, the broad scope of SBA’s
power and authority under the Small Business Act and those requirements. Lender consents
and agrees to all rights and remedies available to SBA under the Small Business Act, the
Paycheck Protection Program and PPP Loan Program Requirements, as each of those are
amended from time to time, and any other applicable law.
B. To the best of its knowledge, Lender certifies that it is in compliance and will maintain
compliance with all applicable requirements of the Paycheck Protection Program, and PPP
Loan Program Requirements.
C. Lender understands that SBA’s rights and powers under the Small Business Act, the
Paycheck Protection Program and PPP Loan Program Requirements are in addition to, and
exist independent of, this Agreement, and that nothing in this Agreement may be asserted
against SBA under any circumstances to delay or prevent SBA’s full exercise of its rights
under applicable law.
D. Lender agrees to hold SBA harmless for any action taken by SBA in enforcing this
Agreement, the Small Business Act, the Paycheck Protection Program and PPP Loan
Program Requirements against Lender for any covered loan made under this Agreement.
SBA Form 3506 (04/2021)
______________________________________
E. Lender agrees that any modification to this Agreement to be asserted against SBA or any
exemption to be claimed from any provision of the Small Business Act, the Paycheck
Protection Program, or PPP Loan Program Requirements is invalid, null, and void unless it is
made in writing by an official of SBA authorized to grant such modification or exemption
and was made after full disclosure to SBA of all material facts and circumstances.
F. This Agreement is to be interpreted under and construed in accordance with federal law.
G. This Agreement will inure to the benefit of, and be binding upon, the Lender’s authorized
successors and assigns.
By signing below, I hereby certify that I have the authority to execute this Agreement for the
Lender on whose behalf I am signing, and that all representations made are true and correct to
the best of my knowledge. I further acknowledge that on behalf of the Lender I have also
submitted an Incumbency Certificate attached hereto. I further acknowledge that any false
statements made to the U.S. Small Business Administration and Department of the Treasury can
result in criminal prosecution under 18 U.S.C. 1001, 15 U.S.C. 645, and other provisions and
imposition of civil money penalties under 31 U.S.C. 3729.
IN WITNESS WHEREOF, the undersigned has duly executed this Agreement.
Name of Lender
______________________________________ ______________________
Signature Date
______________________________________
Name and Title
ATTEST/WITNESS
I, _________________________________, hereby represent and warrant that I am a duly
elected or appointed Secretary or Officer of __________________________________ (the
“Lender”) and that ____________________________________________ is duly authorized and
has the legal capacity to execute this Agreement on behalf of the Lender.
Signature: ______________________________________
Name and Title: ______________________________________
Attachment: Incumbency Certificate
Transmit executed SBA Form 3506 (04/2021) and Attachment to DelegatedAuthority@sba.gov.
SBA Form 3506 (04/2021)
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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 agreement, including gathering information, is 10 minutes.
Comments about this time or suggestions for reducing the time burden estimate 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. DO NOT SUBMIT AGREEMENTS TO
THESE ADDRESSES.
SBA Form 3506 (04/2021)
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CARES Act Section 1102 Lender Agreement (U.S. Small Business Administration)

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Completed 29 April 2021

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