Products & Services 2009
November/December
Impact of the Liquidity Drought on the Equipment Leasing & Finance Industry
By David S. Wiener
The financial services sector of the economy has been in turmoil, yet many in leasing leadership roles have experienced a “frog-in-the-kettle” syndrome. Industry veteran David Wiener, a self-described layman economist offers his armchair perspective on the U.S. financial system — and the resulting systemic impact on the entire equipment leasing & finance industry.
Are We in the Eye of the Equipment Leasing Storm?
By Dexter Van Dango
Dexter Van Dango is the pen name for a real senior executive with more than 25 years of experience in the equipment leasing industry. And like many people in the equipment finance industry, he wonders where everything is headed. But when it comes down to it, he’s optimistically looking for the “green shoots.”
Understanding Your Business Operation, Tax Matters and Liability
By Shari L. Lipski
Not knowing the basic foundation of how your company is running or how the government views your company’s liability could be your biggest exposure in these hard economic times. You could be playing a game of roulette with your money and the business that you’ve spent a lifetime building … or would that be a game of craps?
Looking for a Funding Partner?
What You Should Know About Your Company Before Finding a New Funding Source
By Hugh Swandel
Preparing to negotiate with existing funding sources or to solicit new ones, should be treated as the most significant undertaking in your company’s existence. Even the most consistent performers are being held to a much higher standard of performance and transparency. The expectations from sources of capital extend beyond financial strength and into detailed operational assessments.
The ‘New’ PNC Equipment Finance — A Year in the Making
Focusing on Today With a Keen Eye on Tomorrow
By Christopher Moraff
In a formal announcement on November 6, the equipment finance units of National City and The PNC Financial Services Group were joined together under one name as PNC Equipment Finance; and who better to lead the new unit than Vince Rinaldi, who 25 years ago founded the tiny firm that today is among the top-five largest bank leasing companies in the nation.
A New Sales Outlook
Five Simple Ways to Defeat Negativity
By Linda P. Kester
To be a truly productive, healthy salesperson, you need to stop feeling victimized. Replace negative reactions with a plan to keep you in a solid, peaceful state of mind, regardless of any drama going on around you. Linda Kester offers five simple ways to defeat negativity and create a new sales outlook.
Can Non-Debtors Be Discharged Through a Debtor’s Bankruptcy Reorganization Plan?
By Andrew K. Alper
This article arises because of a very recent case entitled The Pacific Lumber Co, 2009 West Law 3082766; 2009 U.S. App. LEXIS 21749 filed in the Fifth Circuit. Among many other issues, it revisits the issue as to whether a plan of reorganization can release non-debtors from liability. Before getting to this case, a discussion of the law regarding non-debtor releases is appropriate.
Fraudulent Inducement, Mistake & Unconsionability Defenses and the Importance of Language
By Kenneth P. Weinberg
This edition of Dispatches from the Trenches discusses: a borrower’s attempt to avoid its obligations under an equipment financing agreement by asserting the defenses of fraudulent inducement, mistake and unconsionability, and why lessors should make sure their leases have standard language noting that the equipment does not constitute a fixture and is removable from and not essential to the premises where the equipment is located.
