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INSIGHT: New SBA Safe Harbor Leaves ‘Necessity’ Ambiguity in PPP Loans

INSIGHT: New SBA Safe Harbor Leaves ‘Necessity’ Ambiguity in PPP Loans

A new $2 million SBA safe harbor for PPP loans appears to create a wide umbrella that substantially reduces the risk that adverse consequences will rain down and soak companies with loans in this category. Perkins Coie attorneys examine the May 13 guidance and say companies will continue to benefit from conducting a PPP "necessity" analysis.

Mixed messages about the meaning of "necessity" and saber rattling about enforcement against companies applying for loans under the Paycheck Protection Program (PPP) have led to considerable uncertainty and corporate stress.

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KFeldis@perkinscoie.com

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MFunk@perkinscoie.com

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Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.

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