Whither the Hell-or-High-Water Clause?Will This Venerable Leasing Construct Survive the Expanding Use of Managed Solutions Transactions? By Paul Bent
The venerable, time-honored hell-or-high-water clause has been the mainstay of equipment leasing structuring and documentation for decades, particularly in connection with the underwriting of payment risk and the assignment of rental obligations to third- party funders. In the emerging marketplace of highly flexible managed solutions transactions, however, the usefulness and applicability of the HOHW clause are increasingly open to question.
More Good News From Cape Town: How the New MAC Protocol Will Benefit the
Mining, Agriculture and Construction Industries By Philip L. Durham and Marek Dubovec, SJD
For several years, UNIDROIT has been working on a protocol on mining, agriculture, and construction equipment. Consideration of that draft is planned for March 2017, with an eye toward adoption of the MAC Protocol next year. Here is a look at the upcoming intergovernmental negotiations and possible challenges to the present draft.