107.507—Violations based on false filings and nonperformance of agreements with SBA.
         The following shall constitute a violation of this part:
    
    
        
        (a) Nonperformance.
         Nonperformance of any of the requirements of any Debenture, Participating Security or Preferred Security, or of any written agreement with SBA.
    
    
    
    
    
        
        (3) 
         Any failure to state a material fact. A material fact is any fact which is necessary to make a statement not misleading in light of the circumstances under which the statement was made.