[Sean Cash]

In other words, some of the most significant language is bolded below. Note the use of "purchases" and "other forms of financing." Also basically every broker offers loans in addition to MCA. Even if the merchants choose an MCA, if you've solicited a loan, well then...

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For the purposes of this section, a person or entity shall be considered as engaging in the business of making loans in New York, and subject to the licensing and other requirements of this article, if it solicits loans in the amounts prescribed by this section [within this state] and, in connection with such solicitation, makes loans, purchases or otherwise acquires from others loans or other forms of financing, or arranges or facilitates the funding of loans, to individuals then resident in this state or to businesses located or doing business in this state.