We have negotiated a share purchase with our target, for various reasons.

Due to the fact the target is an LLC partnership we can depreciate the shares as an asset for IRS purposes.

However, our SBA lender is saying that the SBA SOP requires that all shareholders PG the loan in a share purchase.

Is there any way around this to still do a stock purchase? The new entity will have a new EIN which we will be operating under. The previous EIN will only remain for payroll tax purposes.