Examples of Eligible Borrowers in a sentence
Under section 4003(c)(3)(C) of the CARES Act, Eligible Borrowers must be Businesses that were created or organized in the United States or under the laws of the United States with significant operations in and a majority of their employees based in the United States.
As described in question H.12, Eligible Borrowers must calculate total compensation according to item 402(c) unless the Eligible Borrower meets the criteria and chooses to calculate total compensation according to the federal tax rules.
How should Eligible Borrowers calculate “total compensation” for purposes of complying with limits on compensation under the direct loan restrictions?Total compensation includes salary, bonuses, awards of stock, and other financial benefits provided by the Eligible Borrower and its affiliates to an officer or employee of the Eligible Borrower, but does not include the value of severance pay or other benefits paid in connection with a termination of employment.
The following framework, which is represented in this flowchart, should be used by the Eligible Borrower to calculate total compensation:(1) Eligible Borrowers that are public companies.
Eligible Borrowers are also subject to restrictions on dividends and other capital distributions made with respect to common stock or equivalent interests in a partnership, limited liability company, business organized as a trust, or other legal entity.
An Eligible Borrower that is, or is a consolidated subsidiary of, an entity that is required to disclose information in accordance with the Securities and Exchange Commission’s Regulation S-K(17 CFR part 229) (a public company) must calculate total compensation according to the methodology set out in item 402(c) of Regulation S-K (item 402(c))(17 CFR 229.402(c)(2)).(2) Eligible Borrowers that are not public companies.
Eligible Lenders and Eligible Borrowers are expected to act in good faith with respect to this requirement and in light of the goals of Main Street.
Eligible Borrowers should contact an Eligible Lender for more information on whether the Eligible Lender plans to participate in the Program and to request more information on the application process.
The Company shall take into consideration only the Eligible Borrowers for the purpose of considering and implementing the resolution plans.
Is a business operating as a sole proprietorship eligible for a Main Street loan?No. Sole proprietorships that are not otherwise established under law as a “Business,” as defined in question E.2, are not Eligible Borrowers.