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Franchises <br />Operational <br />Requirements <br />b) The operating small business concern -is an eligible small <br />business and the proposed use of proceeds would be allowable <br />for such assistance if the operating small business concern <br />were the owner of the property that is owned or to be owned by <br />the applicant; <br />c) The ownership interests in the applicant shall be completely <br />identical with and in the same proportion as the ownership <br />interest in such operating small business concern; <br />d) Collateral includes an assignment of the lease between the <br />applicant and the operating small business concern and a lien <br />on the property itself. The lease, including options, shall be for <br />a term of not less than the term of the loan; <br />e) The operating small business concern must be either a <br />guarantor or co -borrower, and any owners of 20% or more of <br />the equity of the operating small business concern and of the <br />applicant must also guarantee the loan. <br />A franchise is eligible for the Oakdale Seed Fund if the franchise <br />has the right to profit from his/her efforts commensurate with <br />ownership and is eligible in all other respects. Franchises are <br />ineligible only in the exceptional cases where the franchise <br />agreement disguised as a contract of employment under the guise <br />of a franchise operation. Where royalty or similar payments must <br />be made by the borrower to the franchisor, a condition should be <br />considered that prohibits such payment as long as the EDA loan is <br />in default. Where credit factors warrant, guarantee of the <br />franchisor should also be considered. <br />Responsibilities of the EDA/Oakdale Seed Fund <br />The Oakdale EDA/Seed Fund will offer its assistance to small <br />business in need of financing. It will cooperate with other lenders <br />participating in projects. The EDA and the Seed Fund are able to: <br />a) Package and process loan applications <br />b) Close and service loans <br />c) Make available management services or cause such services to <br />be made available <br />57 <br />