Subject: Requested clarifications and revisions to SBA 7(a) loan package
Hi [Lender Contact],
Thank you for sending the SBA 7(a) package for Sample Dental Studio LLC. I appreciate the work to move this toward closing. I reviewed the summary carefully and would like to request several clarifications and revisions so the documents are operationally clear and the risk allocation is more balanced.
My main concerns are:
1. Guaranty exposure. The package states that each 20%+ owner must sign an unconditional guaranty that is joint and several, with no dollar cap or burn-off. Please confirm whether any guarantor release, burn-down, or review process is available after a period of timely payments or principal reduction.
2. Personal collateral. Please provide the lender's collateral analysis supporting any requirement for a mortgage on guarantor real property, including how "available home equity" and "sufficient equity" are being determined. I would like any real-estate lien limited to the minimum required under applicable SBA requirements.
3. Life-insurance assignment. The package requires a $750,000 life-insurance assignment. Please confirm whether existing coverage is acceptable, whether the required amount can decline with the outstanding principal balance, and whether there is flexibility if new coverage is unavailable or not commercially reasonable.
4. Standby seller note. The summary says the $80,000 seller note must remain on SBA Form 155 standby for the life of the SBA loan and that no payments may be made without lender consent. Please confirm whether full-term standby is required for this transaction, or whether payments can begin after a defined seasoning period if the loan is current and no default exists.
5. Reporting deadlines and cure periods. The package requires annual financial statements, tax returns, hazard-insurance proof, and updated SBA Form 413s, but it does not state specific due dates. Because failure to provide financial statements is also a default trigger, I would like objective deadlines and notice/cure periods added for reporting and insurance items.
6. Default triggers. Please narrow or clarify the cross-default and material adverse change provisions. I can understand a default tied to a material payment default elsewhere, but not a broad technical cross-default or a subjective MAC trigger without objective standards and cure rights.
7. Remedies. The summary says the lender may pursue guarantors without first liquidating collateral and may set off deposit accounts. Please confirm whether payroll, tax, and other fiduciary accounts can be excluded from setoff, and whether the lender will agree to commercially reasonable collateral liquidation and a written deficiency calculation before deficiency collection.
8. Prepayment. Please provide the exact prepayment-premium expiration date and the calculation methodology, including whether the premium applies to partial prepayments or only full payoff.
9. Equity injection and SBA forms. Please send the exact source-of-funds documentation checklist for the $100,000 equity injection, identify all required guarantors by name and ownership percentage, and confirm that all required SBA borrower-information and lender eligibility forms have been completed with no unresolved issues.
If helpful, I am happy to review a revised term summary or mark up the relevant loan documents directly. My goal is to get to closing efficiently while making sure the obligations are clear and workable over the life of the loan.
Thank you,
Borrower
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