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Program Preference [Business Credit and Assistance]
Understanding Program Preference in Business Credit and Assistance
Definition & Meaning
Program preference refers to any arrangement that provides a seller, pool originator, or their affiliates with a benefit that exceeds their loan interest compared to other parties involved in a loan. This can relate to aspects such as repayment terms, collateral, guarantees, or other financial arrangements. An example of program preference is when a seller agrees to defer payments for a borrower in exchange for additional collateral on a separate loan they own.
Table of content
Legal Use & context
Program preference is primarily used in the context of business loans, particularly those backed by the Small Business Administration (SBA). It is relevant in legal practices involving finance, lending, and business assistance. Understanding program preference is crucial for lenders and borrowers to ensure compliance with SBA regulations and to avoid conflicts of interest.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A bank offers a loan to a small business but requires that the business owner also take out a separate loan with the bank, providing additional collateral for the first loan. This arrangement could be seen as a program preference.
Example 2: A seller agrees to defer payments on a loan for a borrower in exchange for a higher collateral requirement on another loan owned by the seller. (hypothetical example)
Comparison with related terms
Term
Definition
Key Differences
Loan Interest
The amount charged by a lender to a borrower for the use of borrowed money.
Loan interest is a cost, while program preference refers to preferential arrangements.
Collateral
Assets pledged by a borrower to secure a loan.
Collateral is a security for a loan, while program preference may involve additional terms related to collateral.
Common misunderstandings
What to do if this term applies to you
If you are involved in a loan agreement that may include program preference, review the terms carefully. Ensure that any preferences granted are compliant with SBA regulations. Consider consulting legal professionals for guidance. Additionally, you can explore US Legal Forms for templates that may assist you in managing your loan agreements effectively.
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