Recent Developments

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On June 5, 2020, the President signed the Paycheck Protection Program Flexibility Act of 2020 (the “Act”), a bipartisan measure aimed at providing additional flexibility and extended relief to small business borrowers under the Paycheck Protection Program (“PPP”). Below is a summary of the key provisions of the Act, highlighting material deviations from those terms…

On May 22, 2020, New York Governor Andrew Cuomo announced the launching of the New York Forward Loan Fund (NYFLF), a loan program providing relief for small businesses or non-profits located in New York State or small landlords with properties located in New York State which did not receive loans under the SBA’s Paycheck Protection…

On Friday, May 15, 2020, the Small Business Administration (“SBA”) released the Paycheck Protection Program Loan Forgiveness Application (the “Application”) and instructions (the “Instructions”), which, together with applicable rules, will govern loan forgiveness under the Paycheck Protection Program (“PPP”).  Despite varying predictions, and with only limited exception, the Application and Instructions are generally consistent with…

On Thursday, May 14, 2020, New York Governor Andrew Cuomo issued Executive Order 202.31, which extended the “PAUSE” for non-essential gatherings and in-person conduct of non-essential businesses through May 28, 2020. The Governor cited the expected continued increase in cases and transmission of COVID-19, in contrast to New Jersey where Governor Phil Murphy recognized…

The Small Business Administration (“SBA”) has further updated its Frequently Asked Questions (“FAQs”) regarding implementation of the Paycheck Protection Program (“PPP”), to extend the repayment date for purposes of the safe harbor set forth in prior SBA guidance.

As we have discussed in previous alerts, in submitting a PPP application, borrowers must carefully review and…