About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (November 04, 2020)

handle is hein.crs/govdclp0001 and id is 1 raw text is: 








                                                                                       Updated  November  4,2020

The Federal Reserve's Main Street Lending Program


In response to Coronavirus Disease 2019 (COVID-19), the
Federal Reserve (Fed) created a series of emergency
lending programs, including the Main Street Lending
Program(MSLP).   The MSLP   supports lending to eligible
businesses andnonprofits and marks the first time the Fed
has lent to nonfinancial businesses since the 1930s (though
it purchased commercialpaper [short-termdebt securities]
is suedby nonfinancialbusinesses in 2008 and 2009).


Due to the effects of COVID-19, the U.S. economy has
experienced a sudden and deep recession. The
unemploymentrate  has reached its highest level since the
Great Depression, and the decline in output in the second
quarter of 2020 was record-breaking. Normal commerce
was severely disrupted starting in March andhas only
partially recovered in the following months. Social
distancing and fears of the virus hit many main street
businessesin retail and hospitality industries particularly
hard. Many disrupted businesses, even if s olventprior to
COVID-19,  began  to experience cash flow problems and
faced difficult decisions abouthow to stay in business.

One of the unique andproblematic characteristics of the
current recession is thatit is driven by apublic health crisis.
When  thepublichealthcrisis passes, surviving businesses
may  be able to fully reopen, but when that might occur is
highly uncertain. It is therefore risky for a private lender to
provide a loan to a main street business, as it is uncertain
if and when that business would be able to pay the loan
back. Meanwhile, cash-strappedbusinesses need funds
quickly to remain in business and retain employees. In
addition, many businesses may need to defer payments on
existing loans. Business closures wouldworsen an already
historically high unemployment situation. For these
reasons, policymakershave implenentedprograms  tohelp
struggling businesses and maintain employment levels. The
MSLP   is one such programintended to meet the needs of
businesses of acertain size.

Mam Str* et Lending Prg
Under the MSLP,  the Fed purchases loans with certain
characteristics that depository institutions, such as banks,
have made  to businesses and nonprofits. The MSLPis
targetedto mid-sized U.S. firms that were too large to be
eligible for the CARES Act's (P.L. 116-136) Paycheck
Protection Program(PPP) but too small to issue bonds or
commercial paper, which the Fed is purchasing through
other emergency programs. Although firms that do not fit
this description can also be eligible, it was perceived that
there was a gap in relief that the MSLP could fill. In
addition, there was little federalrelief for nonprofits too
large for the PPP untilthe MSLP was expanded. The MSLP
and PPP are comparable in some ways, and some


businesses are eligible forboth programs. However, there
are differences in eligibility requirements, interest rates, and
loan terms, among others (see Table 1).

Table  I. MSLP and  PPP Comparison

                 MSLP               PPP

  Business/      15,000 or fewer    500 or fewer
  Nonprofit Size employees, or 2019 employees, or net
  Limits         revenues of $5     worth is $15 million
                 billion or less    or less and average
                 For nonprofits:    net income for past
                 minimum 10         two fiscal years is
                 employees          $5 million or less
  Interest Rate  LIBOR + 3%          1%
  Loan Term      5 years            Prior to June 5:
                                    2 years; after June 5:
                                    5 years
  Loan Size      $100,000 - $300    Up to $10 million
                 million            or 2.5 times average
                                    monthly payroll
 Payment         Principal deferred 6 month deferral
 Deferral/      for two years,      and loans will be
 Forgiveness     interest deferred  forgiven if all
                for one year; not   employee retention
                forgivable          and other criteria
                                    are met
 Amount          $3.7 billion (as of $525 billion (when
 Outstanding     10/30)             program ended)
 Application     December 3 1, 2020 August 8, 2020
 Dead line
 Sources: Federal Reserve and the Small Business Administration.
 Notes: For brevity, the table omits some eligibility criteria.

 As shown in Table 1, some ofthe main features ofMSLP
 loans are eligibility based on firmsize and deferment of
principal and interest payments. TheMSLPoperates five
facilities based on whether the loan is new or refinanced,
whether the borrower is a business ornonprofit, and based
on how  indebted the borrower is. Each facility has different
loan terms (such as maximum loan size, which varies from
$35 million to $300 million). There is no minimum
businesssize. However, there are minimumloan sizes,
which, depending on the facility, are between $100,000 and
$10 million. (To date, most loans have been over $1
million.) On October 30, 2020, the Federal Reserve loweired
the loan size requirement to $100,000 from $250,000 to
better target support to smallbusinesses that may have been
too indebted to meet leverage requirements previously.
Certain businesses are ineligible if they are in industries


\
Q

                                     xa


\\\\\\ \\\\\\\\\\\\\\ \

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most