When most people think of USDA loans they think of farm subsidies and agricultural related products. While providing financial assistance to farmers and ranchers has been the primary mission of the USDA since it was established, in recent years, Congress has appropriated product subsidies for loans made to businesses in designated rural communities.
The USDA Business and Industry Loan Guarantee (USDA B & I) product guarantees loans made by Arkansas Capital Corporation (ACC) to businesses to benefit rural areas. The product’s primary purpose is to create and maintain employment and improve the economic and environmental climate in rural Arkansas. Inability to obtain other credit is not a requirement.
Details of a USDA B & I Guaranteed Loan
- Any legal entity, including individuals, public and private organizations and federally recognized Indian tribal groups, may qualify.
- There are no size restrictions on the applicant business.
- Business and industrial acquisitions, construction, conversion, expansion, repair, modernization or development costs
- Purchase of equipment, machinery, or supplies
- Start-up costs and working capital
- Processing and marketing facilities
- Pollution control and abatement
- Refinancing for viable projects, under certain conditions
Loan guarantees are limited to a maximum of $10 million per borrower, although the Rural Business-Cooperative Programs Administrator can grant up to $25 million.
Floating rates, up to 3.25% over the Wall Street Journal Prime rate, adjusting every calendar quarter.
Up to 30 years, fully amortizing over the life of the loan; no balloon or demand features. The term offered is based upon the use of the loan proceeds. Terms for asset categories are as follows:
- Real Estate – up to 30 years
- Machinery & Equipment – lesser of 15 years or the useful life of the asset
- Working Capital – up to 7 years
5% for the first five years
A one time USDA Guarantee Fee (see section below) based upon the dollar amount being guaranteed.
USDA application packaging fee of $1,000.00
Consumer and business credit reports, income tax verification and initial environmental screening – up to $650.00.
Loan fees may be financed in the loan
Your Good Faith Deposit will be used to offset loan underwriting, as well as packaging and closing expenses. However, appraisals and further environmental expenses are not included in your Good Faith Deposit and are collected separately prior to the engagement of any such professional services.
USDA Guarantee Fee
A one-time guarantee fee in the amount of 2% of the guaranteed portion will be paid to the USDA by the lender and will be passed on to the applicant. This guarantee fee amount may be financed in the loan.
Loans shall normally be collateralized by assets with discounted values at least equal to the loan amount. In the case of the discounted collateral value being less than the loan amount, this may be acceptable for businesses that are predominately cash flow oriented and demonstrate documented financial history of strong cash flow and profitability.
A minimum of 10% tangible balance sheet equity is required at the time of issuing the loan note guarantee for existing businesses. Twenty percent (20%) tangible balance sheet equity is required for new businesses. Equity is calculated in accordance with general accepted accounting principals (GAAP).
All principals who own 20% or more of the business are required to provide a full guarantee. Principals and key managers owning less than 20% may be required to provide a guarantee on a case-by-case basis.
When necessary to secure a collateral position, Arkansas Capital Corporation will require the guarantee of a non-owner spouse to the extent of the spouse’s interest in the collateral.
The guarantee of affiliated companies may be required based on the percentage of ownership of the affiliate and the borrower’s relationship with the affiliate.
Debt Service Requirements
USDA Guaranteed Loans are for healthy companies that are able to demonstrate the ability to repay the loan through either
- Historical cash flow of 1.2:1; or
- Global cash flow of 1.25:1.
- Projected cash flow of 1.25:1 may also be considered
May be required by USDA prior to the review and approval of an application.
Ineligible Industries and Purposes
- Investments or investment in speculative real estate
- Golf courses or similar recreational facilities
- Gambling activities
- Prostitution or activities of a prurient sexual nature
- Finders, packagers, or loan brokers
- Illegal drugs or drug paraphernalia
- Any project likely to result in the transfer of employment from one area to another
- Any project involving transfer of ownership, unless this will keep the business from closing, prevent the loss of jobs in an area or provide more jobs.
- Paying off a creditor in excess of the value of the collateral.
- Payment to owners, partners, shareholders or others who retain any ownership in the business.
- Corporations and businesses not at least 51% owned and controlled by U. S. citizens.
- Charitable and educational institutions, religious organization and affiliated entities and fraternal organizations.
- Lines of Credit
Cash/Equity/Asset Injection: Evidence must be provided by the applicant prior to any loan closing and disbursement.
Subordination/Standby Debt Agreements: Standby creditor must subordinate any lien rights in collateral securing a loan to lender rights in the collateral and agree to take no action against applicant or any collateral securing the Standby Debt with lender’s consent.
Real Estate Appraisals: Required for all Real Estate purchased or used as collateral.
Equipment Appraisals: Required to substantiate the value of any used machinery and/or equipment.
Environmental Reports: Required for all Real Estate purchased or used as collateral.
Late Charge: A late charge (not to exceed $100.00) in the amount of five percent (5%) of the amount of any payment which is not made within ten (10) days of the date the payment is due will be collected from the Borrower
Loan Proceeds: Arkansas Capital Corporation must document that the borrower used the loan proceeds for the approved purposes.
Insurance: Property insurance (fire and theft, extended coverage and liability) will be required. All personal and real property shall be insured for replacement cost. Insurance coverage for improvements to real property must contain a Mortgagee Clause in favor of lender. Insurance coverage for personal property must contain a Lender’s Loss Payable Clause in favor of lender. Additionally, the policy must provide for at least 10 days prior written notice to lender of policy cancellation.
Life Insurance: The key principals of the operating company may be required to provide an assignment of life insurance in the amount of the loan.
Flood Insurance: Will be required if the property is located within a flood area.
Workers’ Compensation Insurance: Will be required in amounts meeting state law requirements.
Verification of Financial Information: Arkansas Capital Corporation must verify the applicant’s last 3 years (unless applicant is a start-up business) of tax returns submitted to IRS via IRS Form 4506-T.
Lease Term: Lease(s), including options, on all business premises where collateral is located should be for as least as long as the term of the loan.
Assignment of Rents: A perfected assignment of all rents paid under a lease between an Eligible Passive Concern (Real Estate Holding Company) and the applicant Operating Company is required.
Landlord’s Waiver: Applicant must provide lender access to any leased premises and facilities where collateral is located with an executed Landlord’s Waiver.
New Construction: Evidence of compliance with the “National Earthquake Hazards Reduction Program Recommended Provisions for the Development of Seismic Regulations for New Buildings” (NEHRP) or a building code that has substantially equivalent provisions is required.
Do-it-yourself Construction or Installation of Machinery & Equipment: Except under special circumstances, will not be permitted.
Cost Overruns: Applicant must show ability to pay cost overruns, if any.
Lien Waivers: Applicant must provide lien waivers or releases from all materialmen, contractors, and subcontractors involved in any construction.
Franchised Operations: All franchised operations not listed on the Franchise Registry must pass a legal review of the applicant’s Franchise Agreement and Franchisor’s Disclosure Statement.
Child Support: Certification from applicant that any required child support is no more than 60 days delinquent.
Current Taxes: Applicant must be current on all federal, state, and local taxes, including but not limited to income taxes, payroll taxes, real estate taxes, and sales taxes.
Good Faith Deposits: A Good Faith Deposit (see below schedule) shall be required and applied to the applicant’s USDA application packaging fee and other costs associated with credit investigation and underwriting. If approval is not obtained, the Good Faith Deposit shall be refunded (less the cost of credit verification, environmental screening, IRS filing verification and any other out of pocket expenses incurred by Arkansas Capital Corporation).
$2,500 USDA Guaranteed Loan of $500,000 and less
$3,000 USDA Guaranteed Loan of $500,001 to $999,999
$3,500 USDA Guaranteed Loan of $1,000,000 to $2,500,000
$5,000 USDA Guaranteed Loan of $2,500,001 to $5,000,000
$10,000 USDA Guaranteed Loan of $5,000,001 and over