Can a Remedies Opinion Be Given on an Equipment Lease?
February 02, 2006
We know what an equipment lease is. The Uniform Commercial Code defines it for us: "'Lease' means a transfer of the right to possession and use of goods for a period in return for consideration ... " UCC '2A-103(p). "Goods" include equipment. <i>Id.</i> '2A-103(n). If an agreement qualifies as a lease, then the "lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties." UCC '2A-301. What could be clearer?
In The Marketplace
February 02, 2006
Highlights of the latest equipment leasing news from around the country.
FAS 140 Transfers Exposure Draft: A Primer for Structured Finance
February 02, 2006
In the world of corporate finance, a large segment of debt capital traditionally has been raised by issuing secured debt. In structured finance transactions, by contrast, money is raised by selling financial assets, such as mortgage loans, leases, auto loans or student loans, to a separate special purpose entity (an "SPE"), that often is a subsidiary of the seller, and causing that entity to issue securities backed by those financial assets.
Revisiting Boilerplate or 'Miscellaneous' Lease Provisions
February 02, 2006
Part One of this article addressed issues surrounding the name and address of the subject building and the landlord's right to prescribe rules and regulations. The conclusion discusses lease provisions pertaining to legal fees and expenses and the sale or exchange and assignment by the landlord.
Economic Interdependency and Big Box/Anchor Store Closings
February 02, 2006
A decision is being contemplated to close one or more stores. Factors for closing stores may vary. Possibly the store is not performing well, the store does not fit within the new prototype, the retailer is pulling out of a geographic area, or a host of other business reasons may be factors considered in determining to close a store.
The Leasing Hotline
February 02, 2006
Highlights of the latest commercial leasing cases from around the country.
In the Spotlight: Fallout from Kelo
February 02, 2006
In <i>Kelo v. City of New London</i>, 125 S. Ct. 2655 (2005), the U.S. Supreme Court affirmed the long-standing principle that governments can condemn private land in order to carry out area-wide redevelopment projects. The decision, which affirms the legal status quo, has been spun as a grievous invasion of property rights that now threatens every American home. In this article, we review the reaction of legislators at the national level to the <i>Kelo</i> case and, by examining one state's legislative response, discuss the issues raised by state legislation.
In The Marketplace
January 06, 2006
Highlights of the latest equipment leasing news from around the country.
The Federal Equipment Marketplace: Vendors and OEMs Benefit from Finance Company Relationships
January 06, 2006
The federal equipment marketplace is one of the bright spots in the economy. Many vendors and OEMs are now working with finance companies that have federal experience to compete for more than $45 billion in transactions that potentially qualify for a lease-financing solution. The size and volume of these transactions are expected to grow over the next several years.
