Common use of Word Processing Clause in Contracts

Word Processing. The electronic version of this document in Microsoft Word format for use in word processing is available on request from the SBA Investment Division. The Model provides applicants with an alternative approach for preparing an agreement of limited partnership for an SBIC using debenture leverage. Rather than developing their own form of limited partnership agreement, the Model allows applicants to streamline the process by using the Model’s standardized general provisions and focusing on just those provisions that are unique to their own situation. As discussed above, the Model indicates in brackets points at which an applicant should add information (such as the partnership’s name) to the agreement. The Model also indicates some points at which an applicant may wish to add additional provisions to the agreement. Applicants are free to add additional provisions and delete or modify those provisions of the Model other than the provisions of the current version of SBA Annex GDP (indicated in the Model by use of a bold Arial font). The footnotes, brackets, and different fonts that appear in the Model are not required to be used by applicants and may be deleted or modified when an applicant uses the Model as the basis for its own agreement of limited partnership. Note, however, that the provisions in the Model in bold Arial type must be shown in bold Arial type in copies of the applicant’s agreement submitted to SBA for review. Because the Model is a general form, all of its provisions may not be appropriate for a particular applicant. Applicants and their advisors should carefully review the standard provisions of the Model to make sure that those provisions are appropriate for the applicant’s specific situation. Applicants should consider additions, deletions and modifications to the Model carefully, however, since such changes will reduce the benefits of using the Model’s standardized form. Applicants are not required to use the Model, and continue to have the option of using their own form of agreement of limited partnership, with the current version of SBA Annex GDP attached and incorporated as a part of the agreement. SBA strongly advises Applicants using the Model to use the format and section numbering style of the Model, and to keep the provisions of their agreement in the same order as the provisions in the Model. Applicants should also be aware that changes in the text of those provisions of the Model set out in bold Arial type (those provisions equivalent to the current version of SBA Annex GDP) will substantially delay processing and are unlikely to be deemed acceptable by SBA. Submissions which contain changes in format, numbering, order of provisions or in provisions from SBA Annex GDP will not considered by SBA as “using the Model” and will substantially increase the time needed by SBA to review the applicant’s agreement. Applicants submitting an agreement of limited partnership based on the Model to the SBA must include with their submission: a copy of the applicant’s agreement marked to show all additions and deletions from the Model, using legislative marking, showing additions by underscoring and deletions by strikethrough, a copy of both the applicant’s agreement and the marked version of the applicant’s agreement, in electronic form on 3 ½” diskette, and a letter certifying that the marked copy of the applicant’s agreement submitted to SBA shows all additions and deletions from the Model. MODEL DEBENTURE SBIC, L.P.

Word Processing. The electronic version of this document in Microsoft Word format for use in word processing is available on request from the SBA Investment Division. The Model provides applicants with an alternative SBA’s prescribed approach for preparing an agreement of limited partnership for an SBIC using debenture leverageEarly Stage SBIC. Rather than developing their own form of limited partnership agreement, the Model allows applicants to streamline the process by using the Model’s standardized general provisions and focusing on just those provisions that are unique to their own situation. As discussed above, the Model indicates in brackets points at which an applicant should add information (such as the partnership’s name) to the agreement. The Model also indicates some points at which an applicant may wish to add additional provisions to the agreement. Applicants are free to may add additional provisions and delete or modify those provisions of the Model other than the provisions of the current version of SBA Annex GDP (indicated in the Model by use of a bold Arial font). Applicants should consider additions, deletions and modifications to the Model carefully, however, since such changes will reduce the benefits of using the Model’s standardized form. The footnotes, brackets, and different fonts that appear in the Model are not required to be used by applicants and may be deleted or modified when an applicant uses the Model as the basis for its own agreement of limited partnership. Note, however, that the provisions in the Model in bold Arial type must be shown in bold Arial type in copies of the applicant’s agreement submitted to SBA for review. Because the Model is a general form, all of its provisions may not be appropriate for a particular applicant. Applicants and their advisors should carefully review the standard provisions of the Model to make sure that those provisions are appropriate for the applicant’s specific situation. Applicants should consider additions, deletions and modifications to Early Stage SBIC applicants must use the Model carefully, however, since such changes will reduce the benefits of using the Model’s standardized form. Applicants are not required to use the Model, and continue to have the option of using their own form of agreement of limited partnership, with the current version of SBA Annex GDP attached and incorporated as a part of the agreement. SBA strongly advises Applicants using the Model to use template and follow the format and section numbering style of the Model, and to keep keeping the provisions of their agreement in the same order as the provisions in the Model. Applicants should also be aware that SBA will not accept changes in the text of those provisions of the Model set out in bold Arial type (those provisions equivalent to the current version of SBA Annex GDP) will substantially delay processing and are unlikely to be deemed acceptable by SBAtype. Submissions which contain changes in format, numbering, order of provisions or in the provisions from SBA Annex GDP set out in bold Arial type will not considered by SBA as “using the Model” and will substantially increase the time needed by SBA to review the applicant’s agreementbe accepted. Applicants submitting an agreement of limited partnership based on the Model to the SBA must include with their submission: a copy of the applicant’s agreement marked to show all additions and deletions from the Model, using legislative marking, showing additions by underscoring and deletions by strikethrough, a copy of both the applicant’s agreement and the marked version of the applicant’s agreement, in electronic form on 3 ½” diskettea CD, and a letter certifying that the marked copy of the applicant’s agreement submitted to SBA shows all additions and deletions from the Model. MODEL DEBENTURE SBIC, L.P.