2003
Products
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Deficiency Actions: How Far Should You Go?
by Eric M. Sodhi
Free (
Fall 2003 issue
Is it worth it to a lessor to pursue a deficiency action to recoup a loss on a transaction after making sure it has complied with UCC Article 9? The lessor will want to undertake a detailed analysis of several factors discussed in this article.$10.00) -
Effective Risk Allocation in the Lease Syndication Transaction
How can each party to a lease syndication transaction properly identify all the risks it is retaining or assuming, so it can properly manage and be compensated fairly for those risks? This article analyzes the types of risk inherent in the sale of an equipment lease transaction. It also guages the legal efficacy of methods commonly used in lease assignment documentation to apportion those risks between the buyer and the seller and to compensate the non-assuming party when the deal goes bad.
Free ($10.00) -
Efficient Negotiating; Avoiding the Speed Bumps
by Paul J. Graf
Free (
Fall 2003 issue
The process of negotiating is a major business activity in the leasing industry. Everyone negotiates, but not everyone negotiates efficiently. This overview of best practices can help any lessor be more efficient, reducing the time and aggravation that get invested in this hidden cost of operation.$10.00) -
Equipment Lease Asset-Backed Securities: Gaining Access and Better Pricing
Other asset -backed securities trade more favorable than equipment lease asset-backed securities, creating an environment of haves and have-nots. How can leasing companies find cheaper and more accessible financing through securitization? And how can small- or first-time users gain better access to them? This article offers insights and solutions.
Free ($10.00) -
Equipment Leases - In Plain English!
by A.J. Grant, Ph.D.
Free (
Spring 2003 issue
One of the most commonly heard complaints about equipment leasing is that the documentation is difficult to understand. The editorial review board thought it might be instructional - and amusing - to ask a professor of English to review some familiar lease language and give us his thoughts. We hope that the article raises more eyebrows than hackles among the legal community and, at the same time, serves as food for thought for those who work with lease documentation.$10.00) -
Ethical Decisions as Value Maximizing Behavior
by Calvin M. Boardman, Ph.D.
Free (
Fall 2003 issue
Ethical decision-making makes good business sense in the long run. How do organizations representing the leasing industry take a leadership role in promoting ethical practices? This article looks at the strengths and weaknesses of six industry codes of ethics.$10.00) -
Post-Filing Actions by Lessees That May Affect Your Security Interest
Revised Article 9 of the Uniform Commercial Code has been in effect in most states since July 2001 and nationwide since January 2002. Its adoption has raised numerous issues regarding situations in which the lessee or debtor relocates, reincorporates, or transfers any collateral to another party. Lessors and other secured parties who are not aware of these issues may sometimes lose their security interests in leased equipment or other collateral.
Free ($10.00) -
Practical Lessons in Using Intellectual Property as Collateral
by Richard D. Crawford
Free (
Fall 2003 issue
Many lessors have been interested in using intellectual property as collateral for their financing activities. A follow-on research project, summarized in this article, studies two failed venture loans and the implied lessons for lessors.$10.00) -
Some Possibly Surprising Implications of Article 9 and Suretyship Law
by Robert W. Ihne
Free (
Fall 2003 issue
Revised UCC Article 9 has raised numerous issues relating to secured transactions and suretyship law. Here is an overview on the impact of Revised Article 9 on structuring, documenting, and negotiating lease transactions.$10.00) -
Unveiling Islamic Leasing
by Omar Clark Fisher
Free (
Spring 2003 issue
Islamic leasing is the ultimate form of interest-free asset-backed financing. It combines modern credit and financing techniques with traditional risk-reward sharing concepts and buisness ethics. Thus it can succeed today in the United States and the Middle East as an alternative to conventianal leasing.$10.00)
