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Taking Assignments of Equipment Leases: An Analysis of an Acceptable Documentation Package
Like many financial products, equipment leases can be bought and sold. The lease assignment market has become increasingly active and complex in recent years, despite the economic downturn of the early 21st century. This article highlights the type of documentation that should generally be required when a broker or other originator of leases (the “Originator”) assigns leases to a funding bank (the “Funder”).
Of course, equipment leases are assigned in a variety of ways including outright assignments and collateral assignments (“discounting” transactions). The underlying leases being assigned are sometimes true leases and other times disguised loans (“leases intended as security”). Although these factors can sometimes affect the documentation that is required, this article outlines what is generally required in both outright assignments and discounting transactions of both true leases and leases intended as security. The article does not address “pure broker” situations pursuant to which the Funder would execute the lease directly, as lessor, as opposed to taking some sort of an assignment from the Originator.
This article also does not address the type of lease provisions that the assigned leases should contain. If leases are executed on the Originator's documents, rather than the Funder's documents, the Funder may want to have an additional checklist that outlines minimum acceptable lease provisions. An example of such a checklist is provided below.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.