§ 107.1845. Determination of Capital Impairment Percentage for Early Stage SBICs.
523 words·~2 min read·
/us/cfr/t13/s§ 107.1845·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
This section applies to Early Stage SBICs only. Except as modified by this section, all provisions of § 107.1840 apply to an Early Stage SBIC.
(a)To determine your Class 2 Appreciation under § 107.1840(d)(3), SBA will use the following provisions instead of § 107.1840(d)(3)(iii):
(1)Such financing occurred within 24 months of the date of the Capital Impairment computation. At the end of the 24 month period following the financing, you may request SBA's written approval to retain the use of the original Class 2 Appreciation on the investment for up to 24 additional months.
(2)In considering your request, SBA may obtain its own valuation of the investment, require you to obtain a valuation performed by an independent third party acceptable to SBA, and may consider any other information that it deems relevant. To the extent that the valuation and any other relevant information conclusively support the original Class 2 appreciation, SBA may approve an extension to use all or part of the original Class 2 Appreciation for up to an additional 24 months (the "extension period").
(3)At the end of any extension period, you may submit a new request to retain the use of the original Class 2 Appreciation, repeating the steps in paragraphs (a)(1) and
(2)of this section.
(4)SBA may reconsider its approval to retain the use of the original Class 2 Appreciation at any time based on information that may affect the value of an investment.
(b)Any time you submit a request for SBA approval to retain the use of the original Class 2 Appreciation under paragraph
(a)of this section, you may also request SBA's written approval to modify your computation of Adjusted Unrealized Gain under § 107.1840(d)(4) as provided in paragraph
(c)of this section.
(c)If SBA determines that the appreciation on an investment, based on its current fair value, is at least two times the original Class 2 Appreciation on the investment, SBA may allow you, based on relevant information, to compute your Adjusted Unrealized Gain for the duration of the extension period as follows:
(1)Compute Adjusted Unrealized Gain in accordance with § 107.1840(d)(4).
(2)If your result in paragraph (c)(1) of this section was computed using the first line of the table in § 107.1840(d)(4):
(i)Calculate 50 percent of the original Class 2 Appreciation on the individual investment that is the subject of this paragraph (c), and
(ii)Add it to the result from paragraph (c)(1) of this section to determine your Adjusted Unrealized Gain.
(3)If your result in paragraph (c)(1) of this section was computed using the second line of the table in § 107.1840(d)(4):
(i)Calculate 50 percent of the original Class 2 Appreciation on the individual investment that is the subject of this paragraph (c).
(ii)Subtract your Class 1 Appreciation from your Net Appreciation, and multiply the result by 50 percent.
(iii)Add the lesser of (c)(3)(i) and
(ii)of this section to the result from paragraph (c)(1) of this section to determine your Adjusted Unrealized Gain. \[77 FR 25054, Apr. 27, 2012, as amended at 88 FR 46013, July 18, 2023\]