Credit Gathering Authorizations
(1) Applicant acknowledges and understands that any information provided in the Application, supporting documents, and/or correspondence must be complete, true, and accurate, and that the penalty for knowingly making a false statement or overvaluing security to obtain a guaranteed loan from SBA may include a fine/and or jail time under 18 USC §1001, with the potential for increased penalties under 18 USC §1014 if submitted to a federally insured institution.
(2) Applicant expressly authorizes Lendistry to disclose all information and documents that Lendistry may obtain from Applicant in connection with its Application to its representatives, subsidiaries, affiliates, and/or other third parties (collectively, “Assignees”), including for the purposes of determining eligibility for, making, or servicing one or more loans to Applicant. Any disclosure of such information and documents will be made in accordance with Lendistry’s Privacy Policy.
(3) Applicant expressly authorizes Lendistry and its Assignees to investigate Applicant’s credit history and financial records, including without limitation banking records and tax return transcript(s), and further authorizes Lendistry, its Assignees, and each of its and their respective representatives, successors, assigns and designees (collectively, “Recipients”) to request and receive, subject to the terms of Lendistry’s Privacy Policy, any investigative reports, credit reports, statements from creditors or financial institutions, verification of information, or any other information such Recipients deem necessary in connection with the foregoing. As part of such investigation, Applicant authorizes Lendistry and its Assignees to request and obtain consumer credit reports and any other information regarding Applicant’s creditworthiness in connection with the opening, monitoring, renewal, and extension of this and other accounts with Experian and other third-party consumer credit reporting agencies. Applicant further authorizes Lendistry and its Assignees to utilize such credit reports as necessary to verify the accuracy of any information provided by Applicant in its Application and/or documents. Upon written request, Lendistry will tell an Applicant whether Applicant’s consumer credit report was requested, and, if so, the name and address of the consumer credit reporting agency that furnished the report.
(4) Applicant expressly authorizes Lendistry to obtain and use its tax return transcript(s) for the purpose of verification of Applicant’s income and other financial information, and compliance with federal, state, and local law, including without limitation SBA Loan Program Requirements, including verification of financial information, verification of tax return filing, and verification of tax return information. Applicant further authorizes Lendistry to share its tax return transcript(s) with the U.S. Small Business Administration (“SBA”) and its agents for the purpose of complying with the SBA Loan Program Requirements, including discrepancy resolution, lender oversight activities, purchase reviews, complete file reviews, and other SBA reviews.
(5) Applicant acknowledges that if the Business defaults on any SBA-guaranteed loan and SBA suffers a loss, the names of the Business, the borrower/guarantor of the SBA-guaranteed loan, and any additional owner(s) that control the Business, will be referred for listing in the Credit Alert Verification Reporting System (CAIVRS) database, which may affect the eligibility of a business owned or controlled by any such individual(s) or entity(ies) for future financial assistance from SBA or other Federal agencies or departments.
(6) Applicant hereby waives and releases any and all claims against Recipients and any third-party providers of information in connection with Lendistry’s provision of products and services to Applicant arising from any act or omission relating to the request, receipt or release of such information.
(7) Applicant will promptly notify Lendistry of any change in the information provided in the Application, Documents, and/or correspondence, including any change in Applicant’s financial condition.
(8) Applicant represents that the primary business owner identified in the Application is duly authorized to submit such Application and make the above agreements, representations, and authorizations on behalf of all Applicants.
(9) Applicant expressly consents to receiving disclosures and documents online and electronically; such pursuant to Lendistry’s Consent for Electronic Signatures and Documents (the “E-Consent”). Applicant’s consent applies to all agreements, certifications, documents, and disclosures provided electronically in connection with its Application (collectively the “Documents”). Documents may be provided to Applicant either on the screen, on Recipients’ website, or via electronic mail to the email address provided. If at any time you wish to receive paper copies of your records with Lendistry, please send us your written request by mail to B.S.D. Capital, Inc., 767 S. Alameda St., Suite 340, Los Angeles, CA 90021 with the details of such request. If you decide to withdraw your E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Documents will not be affected.
(10) The packaging service fee for SBA loans is based on actual services provided (the “Packaging Fee”). Lendistry SBLC, LLC will package your loan, not a third party. Packaging Fees are reasonable and customary for the services actually performed. If at any time you do not want Lendistry to perform a particular service, you do not have to accept or pay for such unwanted services. Once a loan is funded, an itemization of all applicable services performed can be provided. No payment should be made by Applicant to a third party in conjunction with the loan application.
(11) The Applicant complies with all Loan Program Requirements as defined in 13 CFR § 120.10, including but not limited to requirements in 13 CFR §§ 120.100, 120.110, 121.301, and 31 CFR § 285.13. The Applicant certifies that the business has provided all and will maintain throughout the life of the loan: all licenses and permits required by the federal, state, county, city or other agencies as applicable to operate the business. Applicant certifies that the business bank account provided in the application and the ACH Authorization, in which funds will be disbursed, is the true and accurate business bank account of the Applicant and is used for regular operating activities of the business. The Applicant further certifies that the applicant business is at least 51 percent owned and controlled by persons who are citizens of the U.S. or are Lawful Permanent Residents and that all SBA loan proceeds will be used in accordance with Loan Program Requirements. SBA or the SBA Lender may request additional information to determine that an Applicant fulfills any eligibility requirement. SBA or an SBA Lender processing a loan under delegated authority may accept as true the Applicant is eligible as certified. By signing the application, the Applicant has certified that it fulfills all eligibility requirements. If the Applicant eligibility certification is determined to be invalid, for 7(a), SBA will not use this as a basis to deny or repair the guaranty purchase request and for 504, it will not impact the debenture guaranty.