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SBA Change of Control Guidance and Insolvent PPP Borrowers - Vimarsana News

SBA Change of Control Guidance and Insolvent PPP Borrowers

 $7.500 Unable to continue operations, the PPP borrower has a fiduciary duty to maximize the value of its assets for the benefit of its creditors. The PPP borrower therefore runs a sale process in the hopes of obtaining an offer to purchase substantially all of the assets as a “going concern” for at least $22.5 million, which is necessary to fully repay its secured and unsecured creditors. The best offer received is only $12.5 million, clearly much higher than liquidation value, but not enough to fully repay its secured lenders, and not enough to provide any distributions to general unse...

SBA Change of Control Guidance Does Not Work for Insolvent PPP Borrowers | Foley & Lardner LLP - Vimarsana News

SBA Change of Control Guidance Does Not Work for Insolvent PPP Borrowers | Foley & Lardner LLP

 $7.500 Unable to continue operations, the PPP borrower has a fiduciary duty to maximize the value of its assets for the benefit of its creditors. The PPP borrower therefore runs a sale process in the hopes of obtaining an offer to purchase substantially all of the assets as a “going concern” for at least $22.5 million, which is necessary to fully repay its secured and unsecured creditors. The best offer received is only $12.5 million, clearly much higher than liquidation value, but not enough to fully repay its secured lenders, and not enough to provide any distributions to general unse...