CARES Act

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By Andrew Cross and Andrew Smetana

Introduction

As has been widely reported, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides approximately $2 trillion in relief to address the COVID-19 outbreak and economic fallout.  This legislation and other recent legislation related to the COVID-19 outbreak include several programs that are designed to provide financial support to small and medium-sized business.  One such program is an expansion of the Federal Reserve Board’s Main Street Lending Program (the “Main Street Program”).  On April 9th, the Federal Reserve Board announced the established two facilities that together will provide up to $600 billion of funding for the Main Street Program. This makes funding available for businesses with up to 10,000 employees or $2.5 billion in 2019 annual revenues, including companies that may not qualify for the Paycheck Protection Program.  Notably, any business that borrows money under the Main Street Program will be subject to limitations on (i) executive compensation, (ii) its ability to pay a dividend or distribution, and (iii) if it is a public company, its ability to repurchase its shares.

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Continue Reading Federal Reserve Board Announces Additional Support for Small and Medium-Sized Businesses

Authored by Joe Cutler, Michelle Han, Anna Joy and Will Gillis

We have been hearing from community organizations and our pro bono partners that some of our community’s smallest and most vulnerable small businesses either do not know about the resources available to them under federal relief programs or are overwhelmed with information and unsure about how to proceed. Still others mistakenly believe that they do not qualify for state and federal programs, even though there are several programs specifically tailored to assist them. The biggest concerns for small businesses include payroll, rent, and utilities. Fortunately, government programs exist to help meet these obligations.

This post summarizes the programs offered through the Small Business Administration for which you and your business may qualify.…
Continue Reading Small Businesses, Independent Contractors, And Sole Proprietors: Take Advantage of Government COVID-19 Relief Before The Money Runs Out

On April 3, 2020, the Small Business Administration (SBA) released its second Interim Final Rule in as many days addressing the affiliation rules that apply to the Paycheck Protection Program (PPP). A copy of the second Interim Final Rule can be found here. Those in the Venture Capital and Private Equity industries are hoping that additional guidance will be issued to ease the applicability of the affiliation rules to their portfolio companies under the PPP.  That did not happen with the second Interim Final Rule and accompanying guidance issued on April 3, which accompanying guidance can be found here. No new exclusions were added and the exclusions still apply only to:

  • Any business concern with not more than 500 employees[1] that, as of the date on which the loan is disbursed, has been assigned a NAICS code beginning with 72;
  • Any business concern operating as a franchise that is assigned a franchise identifier code by the SBA; and
  • Any business concern that receives financial assistance from an SBIC.

This is an evolving area, and it is possible that additional guidance will be released in the coming week on the PPP.  As of April 4, 2020, here is what potential applicants need to know.…
Continue Reading SBA Releases New Guidance on Affiliation

Authored by Mike Avent, Joe Bailey, and Andy Smetana

On Thursday, April 2, 2020, the Small Business Administration (SBA) issued an interim final rule that became effective immediately, implementing provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) regarding Paycheck Protection Program (PPP) Loans . In addition, the SBA released an updated application form for PPP Loans (Form 2483), a copy of which can be found here. These materials clarify, and in some instances change, the requirements and terms of the PPP Loans. Because the SBA has announced that loan applications will start being accepted today (April 3, 2020), anyone in the process of applying for a PPP Loan should pay close attention to the changes.

Below is a summary of key points in the interim final rule and the updated application form that may be of interest to companies that are considering a PPP Loan. These updates supplement prior summaries posted on our blog providing guidance for businesses regarding coronavirus (COVID-19).

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Continue Reading Updated Guidance and New Application Form Released for Paycheck Protection Program Loans

Authored by Joe Bailey, Andy Smetana

On March 27, 2020, the House of Representatives passed and President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), an approximately $2 trillion relief measure to address the COVID-19 outbreak and economic fallout. The portion of the CARES Act referred to as the Coronavirus Economic Stabilization Act of 2020 (CESA) provides $500 billion to the Department of the Treasury’s (Treasury) Exchange Stabilization Fund for emergency relief to distressed industries. This includes relief for certain specified industries, such as air carriers, as well as a loan program for mid-size businesses with 500-10,000 employees (the Mid-Size Business Loan Program). The loan programs authorized under the CESA are separate from the Paycheck Protection Loans (PPP Loans) for smaller businesses and the Economic Industry Disaster Loans (EIDLs) described in a separate Perkins Coie LLP blog found here.

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Continue Reading Government Financing Options for Mid-Size and Large Companies Impacted by COVID-19

Authored by Wendy Moore

We appreciate that employers are thinking strategically about preserving their workforces while extending their runways to weather the current turbulent environment caused by COVID-19. Employers are exploring a variety of workforce actions in a rapidly evolving regulatory environment. The timing and magnitude of these actions can affect access to federal funds…

Authored by Mike Avent, Joe Bailey, David Fletcher, Teri Lindquist, Andy Smetana, and Kris Yoshizawa

The CARES Act, signed into law on March 27, established the Paycheck Protection Program, a loan program that makes approximately $350 billion available to small businesses using the SBA’s existing 7(a) loan program. The Paycheck Protection Program (PPP) has generated tremendous interest from companies and their investors. It has also raised a number of questions. We are expanding the FAQs we published March 28, 2020 to address recent developments and to answer additional questions that we’ve addressed for clients.

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Continue Reading Expanded FAQ on Government-Supported Loan Programs For Businesses Impacted by COVID-19