Loss of Principal's eligibility for future assistance and reinstatement of Principal.

CFR · 2024-01-01 · US · Title 13

(a) (1) Legal action under the guaranteed bond has been initiated. (2) The Obligee has declared the Principal to be in default under the Contract. (3) The Surety has established a claim reserve for the bond of at least $10,000. (4) The Principal, or any of its Affiliates, has defaulted on an SBA-guaranteed bond resulting in a Loss that has not been fully reimbursed to SBA, or SBA has not been fully reimbursed for any Imminent Breach payments. (5) The guarantee fee has not been paid by the Principal. (6) The Principal committed fraud or material misrepresentation in obtaining the guaranteed bond. (b) (1) A Prior Approval Surety may recommend that such Principal's eligibility be reinstated, and OSG may agree to reinstate the Principal if: (i) The Surety has settled its claim with the Principal, or any of its Affiliates, for an amount that results in no Loss to SBA or in no amount owed for Imminent Breach payments, or OSG finds good cause for reinstating the Principal notwithstanding the Loss to SBA or amount owed for Imminent Breach payments; or (ii) OSG and the Surety determine that further bond guarantees are appropriate after the Principal was deemed ineligible for further SBA bond guarantees under paragraph (a)(1), (2), (3), (5) or (6) of this section. (2) A PSB Surety may: (i) Recommend that such Principal's eligibility be reinstated, and OSG may agree to reinstate the Principal, if the Surety has settled its claim with the Principal, or any of its Affiliates, for an amoun

official document · source cfr-2024 · id 13:§ 115.14