Rev. 09/2/2020
10. IDENTITY VERICATION - CDC is required by SBA Policy Notice 5000-901 to request certain
documentation of borrowers in order to provide a verification of their identity. Any portion of the
information gathered during the loan process may be used in the verification process.
11. BORROWER’S INJECTION - The borrower’s equity contribution to the project must be a minimum of
10% of the total project amount (minimum of 15% for companies with less than 2 full years of operations)
and must be in the form of cash (first to be spent) or project-related real estate. Should the project being
financed involve a limited or single-purpose building or structure, a minimum 15% equity contribution will
be required. Additionally, should the project involve a business with less than 2 full years of operations and
a limited or single-purpose building or structure, a minimum 20% equity contribution will be required.
Borrower must document the equity injection with copies of cancelled checks, paid invoices or other
information acceptable to CDC and SBA. If any of the contribution is borrowed and secured with any of
the 504 project assets, such loan must be subordinated to the liens securing the 504 loan and may not be
repaid at a faster rate than the 504 loan unless prior written approval is obtained from CDC/SBA. A copy
of any debt instrument of such loan must be supplied to the CDC in the application.
12. MISCELLANEOUS LOAN TERMS - The closing documents for the 504 loan are likely to contain the
following provisions:
♦ Prior CDC/SBA approval required for:
(A) The reorganization, merger, consolidation or change of ownership of the
business of the Borrower;
(B) The sale or further encumbrance of the collateral;
(C) The payment of bonuses and/or distributions upon capital stock, including but
not limited to the payment of dividends.
♦ Hazard insurance, from a carrier with a Best rating of A or better, covering fire, lightning,
extended coverage, vandalism, and malicious mischief for the maximum insurable value(s) on
all property on which liens are taken, liability insurance, workers’ compensation, and (if
needed) flood insurance;
♦ The requirement for annual financial statements to be submitted by the borrower;
♦ Total annual compensation of officers, owner and/or principals of the small business may be
subject to limitation under adverse financial conditions as determined by CDC/SBA. It may
also be required that all inter-company debt with affiliates and/or officers, directors or
shareholders be subordinated to the debt incurred through CDC/SBA.
13. LEASING AND SQUARE FOOTAGE REQUIREMENTS
♦ Existing Buildings: 504 funds can be used for the purchase and/or renovation of an existing
building so long as the small business occupies 51% or more of the building space, and no 504
loan funds are used to renovate any part of the building not used by the small business.
♦ New Construction: 504 funds can be used for the construction of industrial and commercial
space as long as the small business occupies at least 60% of the building space upon
occupancy, and 80% within ten years. The remaining 20% can be permanently leased.
14. COLLATERAL ASSIGNMENT OF LIFE AND/OR DISABILITY INSURANCE - Life and/or
disability insurance may be required to insure against the risk of death or disability of a person critical to the
success of the small business or one whose continued earning power is being relied upon in making the
loan. If it is necessary to require one or more principals of the small business to obtain life and/or disability
insurance, the coverage required shall be only in such minimum amounts necessary to protect the loan.
15. ADDITIONAL COLLATERAL - Additional collateral may be required. Generally, the value of the
assets acquired with the 504 loan proceeds should constitute adequate collateral, however, all 504 loan are
to be so secured as to reasonably assure repayment. Should there be a shortfall in the appraised value of the