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Third Circuit Sides With Creditors in EFIH Make-Whole Dispute Image

Third Circuit Sides With Creditors in EFIH Make-Whole Dispute

John J. Rapisardi & Joseph Zujkowski

At the end of last year, the Third Circuit added to several recent decisions addressing whether a creditor was entitled to payment of a "make- whole" premium in connection with a Chapter 11 case. The court's opinion is the most creditor-friendly decision issued to date on this topic.

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Equipment Lessors and Bankruptcy Image

Equipment Lessors and Bankruptcy

Michael A. Brandess & Jonathan Friedland

Much has been written about the risk that a transaction denominated and documented as an equipment "lease" may be recharacterized a security interest. Equipment lessors seem to understand. Interestingly, equipment lessors commonly seem to not understand all of the rights and remedies they have in the absence of recharacterization. So, what's a true equipment lessor to do in the face of the Chapter 11 of its lessee?

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In the Marketplace Image

In the Marketplace

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Who's doing what; who's going where.

Features

Using a True Lease or a TRAC Lease Image

Using a True Lease or a TRAC Lease

Deirdre M. Richards

<b><I>Potential Complications in Bankruptcy</I></b><p>An equipment financing company will often decide whether it wants a transaction to be a true lease or a TRAC lease as opposed to a retail sale. A good reason to be able to make the distinction is to determine what might be the best structure for an equipment financier. This article explores the differences.

Features

Stick to the 'Plain Meaning' Image

Stick to the 'Plain Meaning'

Janice G. Inman

<b><I>Interpreting Lease Contract Terms</I></b><p>The complications that can and do arise in the field of commercial leasing come in all shapes and sizes, and not all can be anticipated. However, with careful planning, and if the stars align, lease terms sometimes cover even an abnormal future event, preserving the agreement that the parties undoubtedly contemplated at signing

Features

Railcar Leasing on the Rise Image

Railcar Leasing on the Rise

ljnstaff & Law Journal Newsletters &

According to a recent analyst report from global market research company, Technavio, the railcar leasing market in North America, is predicted to grow steadily at a Compound Annual Growth Rate of above 9% by 2021. The report, titled Railcar Leasing Market In North America 2017-2021, finds that one of the primary drivers for this market is the rise in the demand for tank cars due to growing crude oil production.

Features

Beware: Inspecting Goods May Waive Implied Warranty Protections Image

Beware: Inspecting Goods May Waive Implied Warranty Protections

Louis DePaul & Allison Ebeck

When purchasing goods though an invoice, contract or otherwise, it is important to understand that a mere inspection of goods prior to purchase could waive implied warranty protections. A seller may effectively modify, or entirely exclude, implied warranties under the Uniform Commercial Code (UCC) by requiring a buyer to inspect, test or examine goods prior to purchase.

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When Actions Speak Louder Than Words Image

When Actions Speak Louder Than Words

Kelly M. Gorman

<b><I>Written Agreements Are Not the Final Word</I></b><p>Recently, an Ohio appellate court held that the parties' actual conduct — and not the express written provisions in their lease to the contrary — controlled in interpreting the intentions of the parties in contracting. This case serves as a good reminder for legal practitioners that our written agreements are often not the final word.

Features

Industry Growth Forecast for 2017 Image

Industry Growth Forecast for 2017

ljnstaff & Law Journal Newsletters &

<b><I>Slight Downgrade</I></b>The Equipment Leasing & Finance Foundation has released its Q2 update to the 2017 Equipment Leasing & Finance U.S. Economic Outlook, which lowered slightly its yearly equipment and software investment forecast to 2.8%, down from 3% growth forecast in its 2017 Annual Outlook released in December 2016.

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In the Marketplace Image

In the Marketplace

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Who's doing what; who's going where.

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