13 CFR §400.214
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Subject to paragraphs (b), (c) and (d) of this section, a Lender may distribute the risk of a portion of a loan guaranteed under the Program by sale of participations therein if:
- (1)Neither the loan note nor the Guarantee is assigned, conveyed, sold, or transferred in whole or in part;
- (2)The Lender remains solely responsible for the administration of the loan; and
- (3)The Board's ability to assert any and all defenses available to it under the Guarantee and the law is not adversely affected.
- (b)The following categories of entities may purchase participations in loans guaranteed under the Program:
- (1)Eligible Lenders;
- (2)Private investment funds and insurance companies that do not usually invest in commercial loans;
- (3)Steel company suppliers or customers, who are interested in participating as a means of commencing or solidifying the supplier or customer relationship with the borrower; or
- (4)Any other entity approved by the Board on a case-by-case basis.
- (c)The Agent may not grant participations in that portion of its interest in a loan that may not be assigned or transferred under § 400.210(d). A Lender, other than the Agent, may not grant participations in that portion of its interest in a loan that may not be assigned or transferred under § 400.210(d).
- (d)At least 5 percent of any participation interest in a loan must be unguaranteed.