State Small Business Credit Initiative – Allocation Agreement, page 1

U.S. Department of the Treasury

State Small Business Credit Initiative

Allocation Agreement

The American Rescue Plan Act of 2021 (ARPA) amended the Small Business Jobs Act of 2010, 

codified at 12 U.S.C. § 5701 et seq., to reauthorize and provide $10 billion to fund the State 

Small Business Credit Initiative (SSBCI) as a response to the economic effects of the COVID-19 

pandemic. SSBCI is a federal program administered by the U.S. Department of the Treasury 

(Treasury) that is intended to strengthen programs of eligible jurisdictions (states, the District of 

Columbia, territories, Tribal governments, and eligible municipalities) that support private 

financing to small businesses. 

This Allocation Agreement establishes the terms and conditions for the undersigned participating 

jurisdiction (Participating Jurisdiction) to receive capital funds under the SSBCI.

Article I: Definitions

Section 1.1 Definitions.

Allocated Funds means all the federal funds that are awarded to the Participating Jurisdiction

pursuant to 12 U.S.C. § 5702. Allocated Funds includes amounts under the Main Capital 

Allocation, SEDI Allocation, SEDI Incentive Allocation, and VSB Allocation. Initial eligible 

amounts under the SEDI Incentive Allocation are not considered Allocated Funds until Treasury 

determines that the Participating Jurisdiction has qualified for the funds under the standards set 

forth in the Capital Program Policy Guidelines. 

Approved Application means the Participating Jurisdiction’s SSBCI application for approval of 

a capital access program (CAP) under 12 U.S.C. § 5704 or other credit support program (OCSP) 

under 12 U.S.C. § 5705 that has been approved by Treasury, including any written information 

in connection therewith and any attachments, appendices, written supplements, or amendments 

thereto, submitted by the Participating Jurisdiction to Treasury.

Approved Program means each CAP or OCSP listed on Schedule A. 

Capital Program Policy Guidelines means the SSBCI Capital Program Policy Guidelines, 

originally published on Treasury’s SSBCI website on November 10, 2021, as it may be amended 

from time to time.

Contracted Entity means an entity that has a contractual arrangement (including through a 

memorandum of understanding or other agreement) with the Participating Jurisdiction or the 

Participating Jurisdiction’s Implementing Entity for the implementation or administration of its 

capital program. This entity may be an authorized agent of the Participating Jurisdiction 

(including an entity or agency of the Participating Jurisdiction), or an entity selected and 

supervised by the Participating Jurisdiction (including an entity of another jurisdiction, a 
State Small Business Credit Initiative – Allocation Agreement, page 2

nonprofit third-party, or a for-profit third-party such as an investment fund or loan fund). The 

Contracted Entity may be the entity that operates the SSBCI program.

Disbursement means a transfer of Allocated Funds by Treasury to the Participating Jurisdiction

under this Allocation Agreement.

Implementing Entity means the specific department, agency, or political subdivision of the 

Participating Jurisdiction that has been designated to accept the Allocated Funds on behalf of the 

participating jurisdiction. The term “agency” includes government corporations and other entities 

authorized or supervised by the Participating Jurisdiction. The Implementing Entity may be the 

entity that operates the SSBCI program.

Main Capital Allocation means the funds described in 12 U.S.C. § 5702(b).

Program Income means gross income received by the Participating Jurisdiction that is directly 

generated by an SSBCI-supported activity or earned as a result of SSBCI Funds during the 

SSBCI program period. Program Income includes, but is not limited to, income from: fees for 

services performed that were funded or supported with SSBCI Funds; interest earned on loans 

made using SSBCI Funds; interest on SSBCI Funds not invested or lent to a small business; and 

returns on SSBCI-supported equity investments. Program Income does not include Returned 

Funds.

Recycled Funds means funds that (1) come to the Participating Jurisdiction in the form of 

Program Income, returned program services costs, repayment of principal, or return of invested 

capital (i.e., funds that have been previously loaned or invested), and (2) are expended, 

transferred, or obligated by the Participating Jurisdiction on new loans, investments, or other 

credit equity support.

Returned Funds means repayment of principal or return of invested capital (i.e., funds that have 

been previously loaned or invested).

SEDI Allocation means the funds described in 12 U.S.C. § 5702(d).

SEDI Incentive Allocation means the funds described in 12 U.S.C. § 5702(e).

SSBCI Funds means the sum of Allocated Funds and Recycled Funds.

VSB Allocation means the funds described in 12 U.S.C. § 5702(f).

Section 1.2 Rules of Interpretation.

The terms defined in Section 1.1 of this Allocation Agreement shall include the singular and the 

plural, if applicable. The words “herein,” “hereof,” “hereto,” and words of similar import refer to 

this Allocation Agreement.
State Small Business Credit Initiative – Allocation Agreement, page 3

Article II: Allocation and Disbursements

Section 2.1 Allocation.

Subject to the terms and conditions hereof, Treasury will provide to the Participating Jurisdiction 

Allocated Funds in the aggregate amount not to exceed the sum of the amounts listed under 

“Potential Allocation” on Schedule A and any additional SEDI Incentive Allocation amounts

allocated by Treasury to the Participating Jurisdiction.

Section 2.2 Disbursements of Allocated Funds via Electronic Funds Transfer. 

Any Disbursements shall be made via electronic funds transfer by Treasury to the Participating

Jurisdiction’s account designated in the Approved Application by the Participating Jurisdiction.

Section 2.3 Cash Depositories. 

The Participating Jurisdiction shall deposit and maintain Disbursements in a U.S. Governmentinsured interesting-bearing account whenever possible. The Participating Jurisdiction is not 

required to maintain a separate account for receiving and maintaining Disbursements. If the 

Participating Jurisdiction maintains a depository account in which Allocated Funds are 

commingled with other funds, the Participating Jurisdiction shall maintain on its books a separate 

subaccount for the Allocated Funds.

Section 2.4 Conditions Precedent for Disbursements.

As a precondition to the second and third tranche Disbursements of the Allocation listed in 

Schedule A, the Participating Jurisdiction shall deliver to Treasury a certificate signed on behalf 

of the Participating Jurisdiction by an Authorized Representative in substantially the form 

attached hereto as Annex A, and any supporting documentation requested by Treasury.

Section 2.5 Authority to Withhold Disbursements Pending Audit

Treasury may withhold any Disbursement pending the results of a financial audit. Treasury will 

notify the Participating Jurisdiction of its decision to withhold such Disbursement. 

Section 2.6 Withholding or Suspending Disbursements.

Notwithstanding anything herein to the contrary, Treasury may, in its sole discretion, withhold or 

suspend any Disbursement if Treasury believes the Participating Jurisdiction may have failed to 

comply with any term or condition of this Allocation Agreement pending the final compliance 

determination by Treasury. Treasury will resume making Disbursements to the Participating 

Jurisdiction upon Treasury’s determination that the Participating Jurisdiction is in compliance 

with all applicable requirements and has appropriately remedied any violation, unless Treasury 

exercises additional remedies under Article V.

Article III: Covenants and Agreements

Section 3.1 Compliance with Laws. 

The Participating Jurisdiction shall, and shall cause any entities with which it designates or 

contracts to implement Approved Programs, including its Implementing Entity and Contracting 

Entities, to, comply with the SSBCI statute (12 U.S.C. § 5701 et seq.), as amended or replaced 
State Small Business Credit Initiative – Allocation Agreement, page 4

from time to time, and Treasury’s SSBCI regulations, guidance, and other requirements, as in 

effect from time to time.

Section 3.2 Nondiscrimination.

If the Participating Jurisdiction is not a Tribal government, the Participating Jurisdiction agrees

to comply with statutes and regulations prohibiting discrimination, which include, but are not 

limited to:

(a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) and Treasury’s 

implementing regulations at 31 C.F.R. Part 22;

(b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794);

(c) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and 

Treasury’s implementing regulations at 31 C.F.R. Part 23;

(d) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 

et seq.); and

(e) Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and Treasury’s 

implementing regulations, 31 C.F.R. Part 28.

Section 3.3 Uses of SSBCI Funds, Returned Funds, and Program Income.

The Participating Jurisdiction shall only use SSBCI Funds, Returned Funds, and Program 

Income to carry out the Approved Programs. Without limiting the generality of the foregoing:

(a) The Recipient shall comply with the provisions of 31 U.S.C. § 1352, as amended, and 

with the regulations at 31 CFR Part 21.

(b) The Participating Jurisdiction shall not use any SSBCI Funds, Returned Funds, or 

Program Income to pay any costs incurred in connection with (i) any defense against 

any claim or appeal of the U.S. Government, any agency or instrumentality thereof 

(including Treasury), against the Participating Jurisdiction, or (ii) any prosecution of 

any claim or appeal against the U.S. Government, any agency or instrumentality 

thereof (including Treasury), which the Participating Jurisdiction instituted or in 

which the Participating Jurisdiction has joined as a claimant. 

(c) The Participating Jurisdiction shall not use any SSBCI Funds, Returned Funds, or 

Program Income for loans, investments, and other credit or equity support to finance, 

in whole or in part, purposes prohibited by the SSBCI statute or Treasury’s SSBCI 

regulations or guidance as in effect from time to time.

Section 3.4 Commencement of Performance.

The Participating Jurisdiction shall be fully positioned within 90 days after the effective date of 

this Allocation Agreement to act on providing the kind of credit or equity support that the 

Approved Program was established to provide using the Allocated Funds.

Section 3.5 Internal Control and Financial Management System Requirements.

The Participating Jurisdiction shall comply with the SSBCI statute and Treasury’s regulations,

and guidance related to internal control and financial management system requirements. The 

Participating Jurisdiction shall also comply with the standards for financial management systems, 

including internal control requirements, specified at 2 C.F.R. §§ 200.302 and 200.303.

Notwithstanding the foregoing, the cash management requirements in § 200.305 shall not apply 

to the Participating Jurisdiction. 
State Small Business Credit Initiative – Allocation Agreement, page 5

Section 3.6 Reported Data Usage. 

The Participating Jurisdiction acknowledges that Treasury may perform and publish, or authorize 

others to perform and publish, program evaluation and other analyses based on the data reported 

to Treasury by the Participating Jurisdiction. The Participating Jurisdiction consents to such use 

and publication of the reported data, subject to applicable laws and regulations.

Section 3.7 Notices of Certain Material Events.

The Participating Jurisdiction shall promptly notify Treasury in writing in reasonable detail:

(a) if there has been any material adverse change in the condition, financial or otherwise, 

or operations of the Participating Jurisdiction that may affect the Participating 

Jurisdiction’s Approved Programs;

(b) if the Participating Jurisdiction believes that any representation, warranty, 

certification, assurance, or any other statement of fact contained in this Allocation 

Agreement, including the incorporated Approved Application, or any statement set 

forth in any document, report, certificate, financial statement or instrument now or 

hereafter delivered to Treasury in connection with this Allocation Agreement and the 

Approved Programs, was inaccurate, false, incomplete, or misleading when made, in 

any material respect;

(c) if the Participating Jurisdiction believes that it has materially failed to comply with

any term or condition contained in this Allocation Agreement; and

(d) if there are facts, events, or circumstances, real or anticipated, that may materially 

affect the Participating Jurisdiction’s ability to comply with the terms and conditions

of this Allocation Agreement or to carry out the Approved Programs; in this event, 

the Participating Jurisdiction must describe actions taken or contemplated to be taken

to address the issue.

Section 3.8 Publication of Approved Program Contact Information

The Participating Jurisdiction agrees that Treasury may publish any e-mail contact information

provided from time to time by the Participating Jurisdiction for each Approved Program listed in 

Schedule A.

Article IV: Representations and Warranties

The Participating Jurisdiction represents and warrants as of the date hereof and as of the date of 

each Disbursement that:

Section 4.1 Authority of Authorized Representative.

The Authorized Representative has all requisite power and authority to execute and deliver this 

Allocation Agreement.

Section 4.2 Due Authorization of Participating Jurisdiction.

The execution and delivery by the Participating Jurisdiction hereof, the consummation by the 

Participating Jurisdiction of all of the transactions contemplated hereby, and the performance by 

the Participating Jurisdiction of its obligations hereunder have been duly authorized by all 

necessary action on the part of the Participating Jurisdiction.
State Small Business Credit Initiative – Allocation Agreement, page 6

Section 4.3 Due Execution and Delivery; Binding Agreement.

This Allocation Agreement has been duly executed and delivered by the Participating

Jurisdiction and constitutes a legal, valid, and binding obligation of the Participating Jurisdiction 

enforceable against the Participating Jurisdiction in accordance with its terms and conditions.

Section 4.4 No Conflicts.

The execution and delivery by the Participating Jurisdiction hereof, the consummation by the 

Participating Jurisdiction of the transactions contemplated hereby, and the performance by the 

Participating Jurisdiction of its obligations hereunder, do not and will not:

(a) conflict with or violate any existing law, regulation, or administrative or judicial 

decree or order; or

(b) conflict with, result in a breach of, or constitute a default under any existing 

agreement or other instrument to which the Participating Jurisdiction is subject or by 

which it is bound, other than any such conflict, breach, or default that could not 

reasonably affect the Participating Jurisdiction’s performance of its obligations under 

this Allocation Agreement or its use of SSBCI Funds. 

Section 4.5 Litigation.

There is no lawsuit or judicial or administrative action, proceeding, or investigation pending or 

threatened against the Participating Jurisdiction which is likely to have a material adverse effect 

on the ability of the Participating Jurisdiction to perform its obligations under this Allocation 

Agreement or the transactions contemplated hereby.

Section 4.6 Disclosure.

Neither this Allocation Agreement, nor the incorporated Approved Application, nor any other 

document or instrument delivered to Treasury by the Participating Jurisdiction related to this 

Allocation Agreement contains any untrue statement of a material fact or omits to state a 

material fact necessary in order to make the statements contained herein or therein, in light of the 

circumstances under which they were made, not misleading. The Participating Jurisdiction has 

disclosed, in writing, to Treasury all facts that might reasonably be expected to result in a 

material adverse effect upon the Participating Jurisdiction’s ability either to conduct its business 

or to carry out this Allocation Agreement and the transactions contemplated hereby. The 

Participating Jurisdiction has not knowingly and willfully made or used a document or writing 

containing any false, fictitious, or fraudulent statement or entry as part of its Approved 

Application or correspondence or communication with Treasury related to this Allocation 

Agreement.

Article V: Termination For Cause and Other Remedies

Section 5.1 General Events of Default.

Treasury, in its sole discretion, may find the Participating Jurisdiction to be in default in the 

event that either:

(a) Treasury determines that any representation, warranty, certification, assurance, or any 

other statement of fact contained in this Allocation Agreement, including the 

incorporated Approved Application, or any information or statement set forth in any 
State Small Business Credit Initiative – Allocation Agreement, page 7

document, report, certificate, financial statement or instrument now or hereafter 

delivered to Treasury in connection with this Allocation Agreement or the Approved 

Programs, is inaccurate, false, incomplete, or misleading when made, in any material 

respect; or

(b) Treasury determines that the Participating Jurisdiction has materially failed to comply 

with any term or condition under this Allocation Agreement, including, but not 

limited to, the Participating Jurisdiction’s failure to submit complete and timely 

quarterly reports or annual reports; the Participating Jurisdiction’s failure to expend 

the SSBCI Funds, Returned Funds, and Program Income to carry out the Approved 

Programs; or the Participating Jurisdiction’s failure expend the SEDI Allocation or 

VSB Allocation in the manner prescribed in Sections IV and V, respectively, of the 

Capital Program Policy Guidelines.

Section 5.2 Discretionary Remedies.

If Treasury determines that the Participating Jurisdiction is in default under Section 5.1 hereof, 

Treasury may, in its sole discretion, take any one or more of the following actions, subject to 

Section 5.5 hereof:

(a) withhold Disbursements pending the Participating Jurisdiction’s correction of the 

default; or

(b) reduce, suspend, or terminate the commitment of Treasury to make Disbursements to 

the Participating Jurisdiction under this Allocation Agreement.

Section 5.3 Specific Events of Default. 

Treasury shall find the Participating Jurisdiction to be in default in the event of a Treasury 

Inspector General audit finding of either:

(a) intentional or reckless misuse of Allocated Funds by the Participating Jurisdiction; or 

(b) the Participating Jurisdiction having intentionally made misstatements in any report 

issued to Treasury.

Section 5.4 Mandatory Remedies.

If Treasury determines that the Participating Jurisdiction is in default under Section 5.3 hereof, 

Treasury shall take the following actions:

(a) in the case of an event of default under Section 5.3(a) hereof, recoup any misused 

Allocated Funds that have been disbursed to the Participating Jurisdiction; or 

(b) in the case of an event of default under Section 5.3(b) hereof, terminate the 

commitment of Treasury to make Disbursements to the Participating Jurisdiction 

under this Allocation Agreement and find the Participating Jurisdiction ineligible to 

receive any additional funds under this Allocation Agreement.

Section 5.5 Prior Notice to Participating Jurisdiction of Exercise of Remedies.

Prior to exercising or imposing any remedy under Section 5.2(b), Treasury will, to the extent 

practicable, provide the Participating Jurisdiction with written notice of the determination under 

Section 5.1 and the proposed remedy. Treasury’s written notice will give the Participating

Jurisdiction 10 calendar days from the date of the notice to respond. Treasury may, in its sole 

discretion, also afford the Participating Jurisdiction 20 calendar days from the date of the notice 

to remedy the default. If the Participating Jurisdiction fails to respond or remedy the default, as 
State Small Business Credit Initiative – Allocation Agreement, page 8

determined by Treasury in its sole discretion, within the applicable period, Treasury may, in its 

sole discretion, exercise the remedies set forth in its written notice. Nothing in this Allocation 

Agreement, however, provides the Participating Jurisdiction with any right to any formal or 

informal hearing or other proceeding not otherwise required by law.

Section 5.6 Un-enrollment and Replenishment.

The Participating Jurisdiction may submit a request to Treasury that a specific loan or investment 

previously made, or costs previously paid, by the Participating Jurisdiction using SSBCI Funds 

not be considered to have been made or paid with SSBCI Funds if (1) the Participating 

Jurisdiction or Treasury identifies a potentially noncompliant use of funds or (2) the Treasury 

Office of the Inspector General (OIG) identifies an instance of noncompliance or misuse not 

characterized as reckless or intentional. In this case, the Participating Jurisdiction shall follow the 

applicable procedures and requirements in Treasury’s SSBCI regulations and guidance, 

including the Capital Program Policy Guidelines Section XII.

Article VI: General

Section 6.1 Entire Agreement. 

This Allocation Agreement, which incorporates Schedule A and the Approved Application, 

constitutes the entire agreement and supersedes all other prior agreements, understandings, 

representations, and warranties, both written and oral, between the parties, with respect to the 

subject matter hereof. 

Section 6.2 Notices. 

All notices, requests, demands, consents, waivers, and other communications given under this 

Allocation Agreement shall be in writing and shall be mailed by postage-prepaid first-class mail, 

delivered by overnight courier service, or transmitted electronically via e-mail transmission to 

the addresses set forth in Schedule A. Either party may change its contact information set forth in 

Schedule A upon written notice given to the other party.

Section 6.3 Amendments. 

This Allocation Agreement may be amended, modified, waived, supplemented, or terminated 

only by an instrument in writing duly executed by Treasury and the Participating Jurisdiction,

except that Treasury may unilaterally amend this Allocation Agreement if required in order to 

comply with applicable federal law or regulation. 

Section 6.4 Assignment. 

The Participating Jurisdiction shall not assign or transfer its rights under this Allocation 

Agreement without Treasury’s prior written consent. 

Section 6.5 Successors. 

This Allocation Agreement shall bind and inure to the benefit of the parties and their respective 

successors and permitted assigns. 
State Small Business Credit Initiative – Allocation Agreement, page 9

Section 6.6 Cumulative Rights. 

Each and every right, power, and authority under this Allocation Agreement shall be cumulative 

and in addition to every other right, power, and authority herein conferred, or now or hereafter 

existing at law or in equity, by statute or otherwise.

Section 6.7 No Election. 

Each and every right, power, and authority, whether conferred in this Allocation Agreement or 

otherwise existing, may be exercised from time to time and as often and in such order as may be 

determined by Treasury, and the exercise or the beginning of the exercise of any right, power, or 

authority shall not be construed to be an election or a waiver of the right to exercise at the same 

time or thereafter any other right, power, or authority. 

Section 6.8 Rights Confined to Parties. 

Nothing expressed or implied herein is intended or shall be construed to confer upon, or to give, 

any person other than the Participating Jurisdiction or Treasury, and their respective successors 

and permitted assigns, any right, remedy, or claim under or by reason hereof, and all of the terms 

and conditions herein shall be for the sole and exclusive benefit of the Participating Jurisdiction, 

Treasury, and their respective successors and permitted assigns.

Section 6.9 No Waiver. 

No delay or failure by Treasury in the exercise of any right, power, or authority under this 

Allocation Agreement shall impair any such right, power, or authority, or be construed to be a 

waiver of or acquiescence in such event, nor shall any abandonment or discontinuance of steps 

taken to exercise any right, power, or authority preclude any further exercise thereof. 

Section 6.10 No Partnership. 

Neither this Allocation Agreement, nor any part or provision hereof, nor the exercise by Treasury 

of any of its rights or authorities hereunder, shall evidence or establish, or be construed as 

evidencing or establishing, any partnership, joint venture, or similar relationship of Treasury 

with the Participating Jurisdiction.

Section 6.11 Severability. 

Any provision of this Allocation Agreement that is prohibited or unenforceable in any 

jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or 

unenforceability without invalidating the remaining provisions hereof, and any such prohibition 

or unenforceability shall not invalidate or render unenforceable such provision in any other 

jurisdiction. 

Section 6.12 Headings. 

The descriptive headings of the various articles and sections contained in this Allocation 

Agreement are for convenience only and shall not be deemed to affect the meaning or 

construction of the provisions herein. 

Section 6.13 Counterparts. 

This Allocation Agreement may be executed in any number of separate counterparts, each such 

counterpart being deemed to be an original instrument, and all such counterparts will together 
State Small Business Credit Initiative – Allocation Agreement, page 10

constitute the same agreement. In addition, this Allocation Agreement may be executed by 

electronic signature in accordance with the E-SIGN Act of 2000. Executed signature pages to 

this Allocation Agreement may be delivered by electronic mail (including pdf) to the addresses 

specified in Schedule A, and such electronic copies will be deemed as sufficient as if actual 

signature pages had been delivered. 

Section 6.14 Effective Date. 

This Allocation Agreement shall be effective as of the date of its execution by both parties.
State Small Business Credit Initiative – Allocation Agreement, page 11

IN WITNESS WHEREOF, this Allocation Agreement has been duly executed and delivered by 

the duly authorized representatives of the parties hereto.

U.S. Department of the Treasury

Signature: ______________________________

Authorized Representative:

Title: 

Date:

[Participating Jurisdiction]

Signature: _______________________________

Authorized Representative:

Title:

Date:
State Small Business Credit Initiative – Schedule A, page 1

SCHEDULE A

ADDITIONAL TERMS

Potential Allocation

Main Capital Allocation: [Insert] dollars ($[Insert])

SEDI Allocation: [Insert] dollars ($[Insert])

SEDI Incentive Allocation Initial Eligible Amount: [Insert] dollars ($[Insert])VSB 

Allocation: [Insert] dollars ($[Insert])

Total Allocation: [Insert] dollars ($[Insert])

Approved Programs

[Insert approved programs and e-mail contact information provided by Participating Jurisdiction]

Implementing and Contracted Entities

[Insert entities]

Contact Information of Parties

If to Treasury:

Address: U.S. Department of the Treasury

ATTN: State Small Business Credit Initiative

Main Treasury Building

Room 1310

1500 Pennsylvania Avenue, N.W.

Washington, DC 20220

Telephone Number: (866) 220-9050

E-mail address: SSBCI_Information@treasury.gov

If to the Participating Jurisdiction:

Address: [Insert Address]

Telephone Number: [Insert phone number]

Facsimile Number: [Insert fax number]

E-mail address: [Insert email address]
State Small Business Credit Initiative – Annex A, page 1

ANNEX A

CERTIFICATION REQUIRED AS A CONDITION TO DISBURSEMENT

In connection with the State Small Business Credit Initiative (SSBCI) Allocation

Agreement (Allocation Agreement), dated as of [ ], 2022, between the jurisdiction specified 

below (Participating Jurisdiction) and the U.S. Department of the Treasury, the undersigned 

hereby certifies that: 

1. The Participating Jurisdiction is in compliance with all terms and conditions of the 

Allocation Agreement;

2. The representations or warranties made by the Participating Jurisdiction in the 

Allocation Agreement are true and correct as of the date hereof in all material 

respects;

3. The Participating Jurisdiction has expended, transferred, or obligated at least 80 

percent of its prior tranche Disbursement of Allocated Funds for federal contributions 

to, or for the account of, the Participating Jurisdiction’s Approved Programs, and 

each of these Approved Programs have delivered loans or investments to eligible 

businesses; and

4. I have authority to sign this certification on behalf of the Participating Jurisdiction.

Capitalized terms used but not defined herein have the respective meanings set forth in 

the Allocation Agreement. 

IN WITNESS WHEREOF, this Certificate has been duly executed and delivered as of the 

____ day of _____________, 20___.

[Participating Jurisdiction]

By: _______________________________

Name:

Title:

Date: