Standby Note Purchase Agreement
Third, while the SBA obliges the custodial creditor to subordinate his rights of pledge to the lender`s right of pledge, Form SBA 155 does not contain a language of subordination. It is therefore up to the lender to have the custodial creditor sign a separate subordination agreement in addition to Form 155 or to use its own form containing the required subordination language. Lenders should be aware that if they use their own forms, these forms must meet all the requirements of the standby agreement set out in the credit authorization. “. The lender can use form SBA 155 or its own standby agreement form. A copy of the note must be attached to the confirmation agreement. In this case, the borrower must write a note and make a copy available to the lender.