First National Bank of Pennsylvania (“F.N.B.”) cannot guarantee approval or forgiveness of your PPP loan. PPP loan approval (“PPP Loan Approval”) is subject in all respects to the SBA’s Borrower Application – including SBA Form 2483 (3/21 and prior versions), SBA Form 2483-SD (3/21 and prior versions), SBA Form 2483-C (3/21), and SBA Form 2483-SD-C (3/21) (the “BA”). PPP loan forgiveness (“PPP Loan Forgiveness”) is subject in all respects to the SBA’s Loan Forgiveness Application - including SBA Form 3508S (1/21 and prior versions), SBA Form 3508EZ (1/21 and prior versions) and SBA Form 3508 (1/21 and prior versions) (the “LFA”). PPP Loan Approval and PPP Loan Forgiveness are subject in all respects to the CARES Act, the Paycheck Protection Program Flexibility Act, the Economic Aid Act, and the PPP regulations, rules and guidance published from time to time by the SBA and the Department of the Treasury (collectively, the “PPP Regulations”). The BA, the LFA and PPP Regulations are subject to change and uncertainty as to each application.
F.N.B. is providing access to its online BA and LFA processing portal (the “Portal”) for convenience purposes only. The Portal and any other information provided or made available by F.N.B. reflects its understanding of the BA, the LFA and PPP Regulations as of the date hereof. F.N.B. has no obligation to update the Portal or to provide you any supplemental information for any changes made to or further guidance provided with respect to the BA, the LFA or PPP Regulations.
You are solely responsible for determining whether you are eligible for a PPP First Draw Loan and to use SBA Form 2483 (3/21) or SBA Form 2483-C (3/21) (the “BA Form”), your use of the Portal, the calculations made by the Portal, the documents and applications generated by the Portal, and ensuring that you comply in all respects with the BA and all PPP Regulations. By completing and submitting the BA Form, you certify to F.N.B. that all certifications required to be made by you in the BA Form are true and correct in all respects. You further acknowledge and agree that if requested by F.N.B. you shall produce all required information and documentation.
You are solely responsible for determining whether you are eligible for a PPP Second Draw Loan and to use SBA Form 2483-SD (3/21) or SBA Form 2483-SD-C (3/21) (the “SD Form”), your use of the Portal, the calculations made by the Portal, the documents and applications generated by the Portal, and ensuring that you comply in all respects with the BA and all PPP Regulations. By completing and submitting the SD Form, you certify to F.N.B. that you satisfy the requirements regarding “Reduction in Gross Receipts of at Least 25%” included in the instructions to the SD Form, and that all certifications required to be made by you in the SD Form are true and correct in all respects. You further acknowledge and agree that if requested by F.N.B. you shall produce all required information and documentation.
You are solely responsible for determining whether you are eligible to use SBA Form 3508 (1/21) (the “LFA Form”), your use of the Portal, the calculations made by the Portal, the documents and applications generated by the Portal, and ensuring that you comply in all respects with the LFA and all PPP Regulations. By completing and submitting the LFA Form, you certify to F.N.B. that all certifications required to be made by you in the LFA Form are true and correct in all respects and that you have complied in all respects with the requirements under the heading “Documents that Each Borrower Must Maintain but is Not Required to Submit” in the LFA Form Instructions. You further acknowledge and agree that if requested by F.N.B. you shall produce all required information and documentation.
You are solely responsible for determining whether you are eligible to use SBA Form 3508EZ (1/21) (the “EZ Form”), your use of the Portal, the calculations made by the Portal, the documents and applications generated by the Portal, and ensuring that you comply in all respects with the LFA and all PPP Regulations. By completing and submitting the EZ Form, you certify to F.N.B. that you satisfy the requirements under “Checklist for Using SBA Form 3508EZ” included in the instructions to the EZ Form, that all certifications required to be made by you in the EZ Form are true and correct in all respects and that you have complied in all respects with the requirements under the heading “Documents that Each Borrower Must Maintain but is Not Required to Submit” in the EZ Form Instructions. You further acknowledge and agree that if requested by F.N.B. you shall produce all required information and documentation.
You are solely responsible for determining whether you are eligible to use SBA Form 3508S (1/21) (the “S Form”), your use of the Portal, the calculations made by the Portal, the documents and applications generated by the Portal, and ensuring that you comply in all respects with the LFA and all PPP Regulations. By completing and submitting the S Form, you certify to F.N.B. that you, together with your affiliates, did not receive PPP loans totaling $2 million or greater, that all certifications required to be made by you in the S Form are true and correct in all respects and that you have complied in all respects with the requirements under the heading “Documents that Each Borrower Must Maintain but is Not Required to Submit” in the S Form Instructions. You further acknowledge and agree that if requested by F.N.B. you shall produce all required information and documentation.
You are solely responsible for calculating your average monthly payroll, your requested loan amount, or your eligible forgiveness amount, completing and confirming that all aspects of the final, executed BA or LFA are true and correct in all respects, making all representations and certifications required under the BA or the LFA, complying with any further procedures required by F.N.B. or the SBA, and providing all supporting information and documentation required or requested in connection with your BA or LFA and the PPP Loan Approval or PPP Loan Forgiveness process. You are solely responsible for ensuring that all supporting information and documentation provided to F.N.B. or the SBA is true and correct in all respects.
Approval and forgiveness of your PPP loan are not automatic, and you must request approval or forgiveness by following the procedures established by F.N.B. and the SBA. F.N.B. will not process or decision any part of your BA or LFA unless and until you have provided F.N.B. all information and documentation required by the BA, the LFA and PPP Regulations or otherwise requested by F.N.B.
F.N.B. is not advising you on your eligibility to use the BA Form, SD Form, LFA Form, S Form or the EZ Form, your use of the Portal, the BA, the LFA, the PPP Regulations, your use of PPP loan proceeds, loan forgiveness or any other aspect of the PPP or the PPP Regulations. You should consult with your own legal, accounting and financial advisors on these matters. It is your sole responsibility to determine and certify your loan eligibility, loan amount, forgiveness amount and compliance with the BA, the LFA and the PPP Regulations.
You will remain responsible under your PPP loan for any amounts of principal and interest that are not forgiven, and such amounts will be subject to the terms of the PPP Loan Agreement, SBA Note and all other Loan Documents relating to your PPP loan (collectively, the “PPP Loan Agreements”).
Approval of forgiveness of all or a portion of your PPP loan is not a release of your liability for failing to comply with the PPP Regulations, the BA, the LFA and the PPP Loan Agreements. You will have continuing liability to F.N.B., the SBA and other governmental authorities if you were not eligible for a PPP Loan, you calculated your PPP Loan amount incorrectly, you misused PPP loan proceeds, you were not eligible to use the BA Form, SD Form, LFA Form, S Form or EZ Form, you are determined to have not been entitled to all or any portion of loan forgiveness or if you failed to comply with the PPP Regulations or the requirements under the BA or the LFA (collectively, your “Continuing Liability Obligations”). You confirm and acknowledge that all indemnification and hold harmless provisions contained in the PPP Loan Agreements will survive and continue to apply following approval of forgiveness of all or a portion of your PPP Loan, including with respect to your Continuing Liability Obligations.