Rules for Investing In NNN Deals
January 01, 2017
<i><b>The Mysteries and The Risks</b></i><p>The triple net lease, or NNN (also known as a bondable lease), is a common lease structure used in commercial real estate. Even though it has become widely popular, the most seasoned investors and their advisers do not always fully understand the details.
Equipment Financing Is on the Rise
January 01, 2017
According to the recently released U.S. Equipment Finance Market Study 2016-2017, conducted for the Equipment Leasing and Finance Association, 78% of respondents used at least one form of financing when acquiring equipment in FY 2015. This is up from 72% of respondents from the previous Foundation market study released in 2012, and represents an increase in the overall propensity to finance.
HVCRE Regulations
January 01, 2017
<b><i>Greater Clarity Needed</b></i><p>The new HVCRE rules require banks to assign a 150% risk weight to any HVCRE exposure (up from the 100% risk weight assigned under general risk-based capital rules) and cover all acquisition, development or construction (ADC) loans unless an exception applies.
Case Notes
January 01, 2017
A New York court has found that a landlord did not commit fraud when it failed to disclose to its prospective tenant that a long-term municipal improvement construction project was about to commence near the leased premises.
When Can't a Creditor Credit Bid?
November 01, 2016
The growing presence of non-traditional lenders has been a noticeable trend in the finance industry for years. Yet these lenders have always played a prominent role in distressed lending. Often, they are industry participants who are not only extending a lifeline to the debtor, but perhaps more importantly, protecting their customer base.
Challenges in Solar Equipment Finance
November 01, 2016
Growth in solar-generation capacity has not been evenly distributed across the country, however, as some states' policies and laws are solar-friendly, while those in other states pose barriers. One such barrier in many states is the lack of access to financing.<p><b><i>Part One of a Two-Part Article</i></b>
When a Lessee Files for Bankruptcy
November 01, 2016
A Chapter 11 debtor's motion for an order approving use of Cash Collateral or for Debtor-in-Possession (DIP) Financing usually happens as part of the so-called first-day hearings held within a few days after commencement of the case. The problem for creditors and equipment lessors is that while the debtor may have sent your client a notice of the bankruptcy case, the notice sometimes goes to the payment lock box or to someone who doesn't even know what bankruptcy is, much less that the order being sought is key to your client's future payment.
