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We found 1,029 results for "Equipment Leasing Newsletter"...

Dangers of Waiver-of-Defense Clauses in Leases
September 09, 2004
A lessee entering into a new lease agreement must be mindful of a waiver-of-defense clause. If a lease agreement contains a waiver-of-defense clause and the lease is later sold or assigned, the purchaser or assignee, if it is a holder in due course, will take the lease free and clear of numerous defenses (including a fraud in the inducement defense) otherwise available to the lessee had the lease not been sold or assigned.
The Leasing Hotline
September 03, 2004
Highlights of the latest commercial leasing cases from around the country.
August issue in PDF format
August 06, 2004
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Beating True Lease Challenges: A Lessor's Guide to Structuring and Defending True Leases
August 05, 2004
Lessees increasingly challenge leases in bankruptcy proceedings or disputes with lessors. They assert and litigate the issue of whether a lease constitutes a disguised security arrangement instead of a true lease. This issue arises with respect to leases of equipment as well as software. The consequence of losing true lease status under state law can dramatically affect a lessor's legal rights and remedies and impair a lessor's economics. Despite this increased uncertainty, lessors can effectively structure and defend their lease transactions as true leases when armed with working knowledge of current judicial trends and applicable rules under the Uniform Commercial Code (UCC).
In The Marketplace
August 05, 2004
Highlights of the latest equipment leasing news from around the country.
Be Careful What You Look For: It Could Be an Authenticated Record
August 05, 2004
A recent bankruptcy court decision out of the District of Delaware found that a document contained on a Web site was an authenticated notice under UCC 9-404 notwithstanding the lack of affirmative action taken by the assignor or assignee. <i>In re Communications Dynamics, Inc.</i> WL 22345713 (Bankr. D. Del. 2003) is the first decision in which the authentication requirement to an account debtor in Section 9-404(a)(2) of the Uniform Commercial Code (UCC) is interpreted. This holding adds a new element to the UCC's definition of authentication and seems to ignore the plain language of the Code. This decision could have an impact on the leasing industry as the definition of an account debtor under Section 9-102(a)(3) of the UCC includes not only a lessee but will also include a lessor in conjunction with its own accounts payable.
July issue in PDF format
July 02, 2004
In The Marketplace
June 30, 2004
Highlights of the latest equipment leasing news from around the country.
The New World Order: Lessors Must Refocus
June 30, 2004
Over the last year, it has become obvious that there must be a fundamental shift in the way large-ticket leasing companies look at their tax shelter businesses. This article will examine what has brought about this shift and how lessors will find ways to cope with it.
Debtor Misconduct and Administrative Rejection Claims
June 30, 2004
Can a debtor's conduct give rise to an administrative rejection claim? The answer to this question was set forth in a memorandum opinion issued by U.S. Bankruptcy Judge Mary F. Walrath on March 31 in <i>The Matter Fleming Cos. Inc., et al., debtors,</i> Case No. 03-10945.

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