13 C.F.R. § 120.400

Loan Guarantee Agreements

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SBA may enter into a Loan Guarantee Agreement with a Lender to make deferred participation (guaranteed) loans. Such an agreement does not obligate SBA to participate in any specific proposed loan that a Lender may submit. The existence of a Loan Guarantee Agreement does not limit SBA's rights to deny a specific loan or establish general policies. See also § 120.440(c) concerning Supplemental Guarantee Agreements.

[61 FR 3235, Jan. 31, 1996, as amended at 82 FR 39503, Aug. 21, 2017]

Notes of Decisions

Cited in 1 case, 1997–1997 · leading case: Frillz, Inc. v. Lader, 104 F.3d 515 (1st Cir. 1997).

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Frillz, Inc. v. Lader, 104 F.3d 515 (1st Cir. 1997). “See 13 C.F.R. § 120.400 et seq. (1993). Although section 634(b)(7) does not apply here — Eastern Bank was not a member of the PLP — it strongly suggests that any delegation of the right to determine a prospective borrower’s financial stability must be made pursuant to agency…”

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