Beware: Inspecting Goods May Waive Implied Warranty Protections
May 02, 2017
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.
Structured Dismissals in Deviation of the Bankruptcy Code Priority Scheme
May 02, 2017
In a recent decision, the U.S. Supreme Court held that, without the consent of impaired creditors, a bankruptcy court cannot approve a "structured dismissal" that provides for distributions deviating from the ordinary priority scheme of the Bankruptcy Code. The ruling carries with it implications that may affect both pending and future bankruptcy proceedings.
Industry Growth Forecast for 2017
May 02, 2017
<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.
Financing and Leasing Technology Is a Strategic Advantage
May 01, 2017
Advances in technology and software are being made at an increasingly rapid pace. As a result, IT hardware obsolescence cycles are shrinking too. This period of exponential improvement with which we are all now familiar has shown time and again that there will continue to be breakthroughs in technology that deliver better, less expensive, and/or more robust products. How are you equipping your firm to succeed both in the present day and into the future?
Professional Fees May Not Be Capped by Standard Carve-Out Provisions
April 02, 2017
Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.
Make-Whole Mayhem
April 02, 2017
<b><i>Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures</b></i><p>Make-whole premiums are essentially prepayment penalties imposed on borrowers when loans are paid off in advance of their maturity dates. These premiums remove the borrowers' incentives to refinance whenever interest rates drop, and provide stability and predictability to the world of secured lending.
High Expectations for Commercial Construction Activity
April 02, 2017
Construction industry executives are particularly optimistic regarding the prospects of local, nonresidential construction activity this year, according to a recent Wells Fargo Equipment Finance survey of industry contractors and equipment distributors.
In the Marketplace
April 02, 2017
Debra P. Goldberg has joined the law firm of Cullen and Dykman LLP as a partner in the firm's Banking Practice Group. Practicing from the firm's Garden…
