Downgraded: Industry Growth Forecast For 2016
August 01, 2016
The Equipment Leasing & Finance Foundation has released its Q3 update to the 2016 Equipment Leasing & Finance U.S. Economic Outlook, reducing the year's growth expectations to just 0.9%.
The Article 8 Opt In
August 01, 2016
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Companies Slow to Respond to New Accounting Standards
August 01, 2016
A recent survey by audit, tax and advisory firm KPMG LLP indicates that nearly 80% of public companies have not completed an assessment of the impacts of the new revenue recognition standard issued by the Financial Accounting Standards Board (FASB).
Are Intercreditor Agreements Now Going According to Plan?
August 01, 2016
Intercreditor agreements are of greater importance given today's active secondary loan market, which clears a path for the debtor's original relationship lenders to sell their interests should a restructuring loom. Distressed debt purchasers, on the other hand, may have different objectives that make them less willing to join forces with longer-term holders.
Banks and Landlords: Competing Lien Interests
July 01, 2016
Banks that provide financing for commercial tenants and the real estate landlords for those same tenants both want additional security in the tenant's personal property located at the premises. This article provides a discussion of the varied interests of the landlord and the tenant's lender in the tenant's personal property, along with suggested compromise solutions.
Investing in Renewable Energy Projects
July 01, 2016
The prolonged wait for the extension of the renewable energy tax credits throughout 2015 may have somewhat dimmed investor interest for backing renewable energy projects through the monetization of the tax credits.
Lender Beware: Ignore Suspicious Activity at Your Own Peril
July 01, 2016
Recently, the Seventh Circuit held that a lender who should have discovered that its borrower lacked authority to pledge assets is not protected by a good-faith defense to a fraudulent transfer action. Without this defense, the lender lost its security. Should the priority of the lender's claim should be further reduced through equitable subordination?
Leasing in Latin America
July 01, 2016
Despite the cultural differences and political uncertainties that some investors face, Latin America is an attractive forum for foreign investment and is home to some of the largest economies in the world (Brazil and Mexico). Its proximity to the U.S. and its consumer demand make Latin America a profitable place for business.
The Unstoppable Rise of SLBs
June 01, 2016
A look at an alternative financing strategy that is seeing strong momentum in the commercial real estate industry, in which corporations selling their facilities enter into long-term net leases with the investors as an alternative for managing and financing the buildings they occupy.
