Glossary · SBA

Third-party lender (SBA 504)

Also called: TPL, 504 first-lien lender, 504 bank

Defined by the Research desk, The Lender Report · Sources reviewed

The bank or other lender that makes the first-lien loan, usually about half the project cost, in an SBA 504 project. SBA does not guarantee its loan.

The third-party lender must be in place when the development company sends the request to SBA, shown by a letter of intent, term sheet or commitment letter that states the terms and why the lender will not finance the whole project. Its loan must be at least as large as the net debenture, and at least 50 percent of project cost when the borrower is a new business or the property is special purpose. Its term must be at least 7 years against a 10-year debenture, and 10 years against a 20- or 25-year one.

Its loan cannot carry a cross-default, deem-at-risk or other term that lets it demand payment before maturity unless the loan is in default. It usually holds the first lien and SBA the second. For a project costing $5,000,000 or more, its credit memo or underwriting analysis goes to SBA.

SBA charges a one-time participation fee of 0.50 percent of the lender’s loan when the lender holds the senior lien, and the lender, the development company or the borrower may pay it. On a $1,000,000 first lien the fee is $5,000. If the lender is regulated by a federal functional regulator and certifies yearly that it follows the customer identification and OFAC rules, the development company may rely on it for those checks.

How it shows up in the data here

In the 504 file, ThirdPartyLender_Name, city and state name the lender and ThirdPartyDollars is its loan. The file carries no lender ID for it, so this site ties each first lien to a lender by name and state, and a name on fewer than three projects in the window gets no lender record. A lender page counts these as 504 first liens.

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Related terms

Sources

  1. SBA SOP 50 10 8.1, Section A, Chapter 1, I and J; Section C, Chapter 1, B and E; Section A, Chapter 4, E, effective .
  2. 13 CFR 120.972, third-party lender participation fee, retrieved .

Plain definitions for orientation, not legal, tax or credit advice. A lender's own policy decides what it will do.