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 certify in good faith that, among other things, “[c]urrent economic uncertainty makes [the] loan request necessary to support the ongoing operations of the Applicant.” Pursuant to the updated FAQs, borrowers who applied for a PPP loan prior to April 24, 2020 and who repay such loan in full by May 18, 2020 (extended from May 14, 2020), will be deemed by the SBA to have made the foregoing certification in good faith. The extension is intended to afford borrowers sufficient time to review and carefully consider economic necessity for PPP funds, as well as to avail themselves of supplemental safe harbor guidance released by the SBA on May 13, 2020.

We are continuing to monitor as additional rules, interpretations and guidance are released by the SBA in connection with the PPP. Our attorneys are available to answer any questions with respect to the PPP, including the safe harbor and required certification detailed above and in prior alerts, as well as other aspects of the program and related state and federal relief measures.