The statute excludes contractual repayment rights, including investor puts, even when conditioned on cash flow. Read the actual right rather than relying on the condition’s reassuring wording.
Identify the enforceable arrangement
A separate rule concerns an option solely at the new commercial enterprise’s discretion, subject to the applicable sustainment and other requirements before withdrawal. Do not turn that distinction into approval of every buyback clause. The complete capital, job and participation conditions remain relevant. For clarity, exercising that enterprise-only option requires withdrawal of the petition unless the applicable sustainment period and other requirements have been fulfilled.
Targeted employment area designation is tied to specific unemployment statistics for the area in question, calculated and documented through an approved process, and an infrastructure project designation depends on the project meeting its own separate criteria. Current USCIS policy treats lawfully obtained loan proceeds contributed as cash rather than requiring the loan to be secured by the investor's own assets, although the lawful source, path and genuine loan terms must still be documented. The investor must be engaged in management or policy formulation, and the rights of a limited partner under a properly drafted partnership agreement are treated as sufficient; a purely passive silent investment is not.