12 U.S.C. § 4111

ASSURANCES.

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“(a)Small Business Lending Fund Separate From TARP.—The Small Business Lending Fund Program is established as separate and distinct from the Troubled Asset Relief Program established by the Emergency Economic Stabilization Act of 2008 [div. A of Pub. L. 110–343, see Short Title note set out under section 5201 of this title]. An institution shall not, by virtue of a capital investment under the Small Business Lending Fund Program, be considered a recipient of the Troubled Asset Relief Program.“(b)Change in Law.—If, after a capital investment has been made in an eligible institution under the Program, there is a change in law that modifies the terms of the investment or program in a materially adverse respect for the eligible institution, the eligible institution may, after consultation with the appropriate Federal banking agency for the eligible institution, repay the investment without impediment.

Notes of Decisions

Cited in 3 cases, 2005–2007 · leading case: Cienega Gardens v. United States

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Cienega Gardens v. United States (2007) cafc · cites it 2× “See 12 U.S.C. § 4111 (b)(1), (c). [16] The owner was required to file the plan of action within six months of HUD's determination that the preservation rents were within the federal cost limit.”

Cienega Gardens v. United States (2005) uscfc “12 U.S.C. § 4111 (a). Under either a forced or voluntary sale, owners could only receive bids from qualified purchasers in the first year, meaning that the only bidders could be a resident homeownership group under LIHPHRA or a non-profit or state or local government agency that…”

City Line Joint Venture v. United States (2006) uscfc “” 12 U.S.C. § 4111 (d)(1). Given the limitations of section 4110 and the uncertainty of payment they suggest, we are unable to construe that provision as a mechanism for the payment of just compensation.”

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