SBA PERSONAL GUARANTEE ON PREFERRED EQUITY INVESTOR?
I'm very early in my research phase but I have a question related to the SBA personal guarantee. I understand it applies to anyone that owns > 20% of the company, but it's unclear to me whether that applies to all types of equity or only common equity.
By way of a simplified example: Suppose the CEO/Searcher puts in $100k as common equity, an Investor puts in $100k as preferred equity (coupon doesn't matter right now but assume it comes with one), & then $800k comes from an SBA loan. The Investor is passive, or at most provides some advisory/guidance, so s/he is not actively involved in the day to day operations. Would the SBA require a personal guarantee from the Investor? I know the CEO/Searcher won't be able to avoid it but I'm prepared for that.
Thanks for your thoughts & advice!