13 C.F.R. § 120.613

Current through September 30, 2024

Section 120.613 - Secondary Participation Guarantee Agreement

When a Lender wants to sell the guaranteed portion of a loan, it enters into a Secondary Participation Guarantee Agreement ("SPGA") with SBA and the prospective purchaser. The terms of sale between the Lender and the purchaser cannot require the Lender or SBA to repurchase the guaranteed portion of the loan except in accordance with the terms of the SPGA. Before execution of the SPGA, the Lender must:

(a) Submit to FTA a copy of the proposed SPGA, the note, and such other documents as SBA may require;

(b) Except for export working capital loans, disburse to the Borrower the full amount of the loan; and

(c) Pay SBA all guarantee fees relevant to the loan in full.

13 C.F.R. §120.613

61 FR 3235, Jan. 31, 1996, as amended at 68 FR 51680, Aug. 28, 2003