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ARTICLE · 19 AUGUST 2021

Updated SBA Debenture Forms

As the use of this new form is based on the date a leverage draw is settled, this change impacts both SBICs making new draw requests and SBICs that have already had draw requests approved.

United StatesCorporate/Commercial Law

The U.S. Small Business Administration (the "SBA") has released a new version of the SBA Form 444C (the "Standard Debenture Form") and will require that this new form be used by any Small Business Investment Company ("SBIC") that settles leverage draws on or after September 8, 2021 (the "Effective Date").

As the use of this new form is based on the date a leverage draw is settled, this change impacts both SBICs making new draw requests and SBICs that have already had draw requests approved. Even if a draw request was submitted or approved prior to the Effective Date, the request will not be funded after the Effective Date unless the SBIC completes and submits the new Standard Debenture Form.

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