Articles

Proposed UCC Article Amendments That Will Impact Equipment Financing

With Article 9 provisions changing and inconsistencies among the codes of various jurisdictions, maintaining a secure position can be a complex responsibility. Bottom line, secure positions are the lifeblood to an equipment lessor and an understanding of changing regulation is critical to success.... read more

A Little Something About Suretyship, Co-Borrowers and Co-Lessees

When it comes to co-borrowers and co-lessees, attorney Ken Weinberg returns to remind us that even if you call a duck a monkey, it’s still a duck. As such, lenders and lessors should proceed with caution when using these structures to avoid the potential for sticky situations down the road. ... read more

Enforcement of Standstill Provisions

In the world of second lien lending and seller “carry back” financing, it is not uncommon for the lenders to enter into subordination agreements whereby the second lien subordinates its lien and its right to collect payments or money to the first lien. Onerous standstill provisions in subordination agreements are less common but also not unusual in subordination agreements. ... read more

For the Love of Leasing

Discouraged by some of the negative connotations associated with being a leasing professional? Linda Kester ends the year with three simple steps on how to rekindle your love affair with leasing. After all, Kester contends, when you fall in love with what you’re selling, you can become much more than a sales rep — you become a force for good.... read more

Nations Equipment Finance

The equipment finance industry took notice when industry veterans Phil Carlson and Tom Fanelli announced the formation of Nations Equipment Finance only weeks ago. What compels the two to create a new venture once again? Maybe it’s something like the thrill of the launch and, of course, to seize some big opportunities.... read more

Fountain Partners

To wrap up the year, the Monitor asked Fountain Partners’ founder Tom Carter to share both the genesis and the intricacies of the San Francisco-based funding source’s Instant Proposal Service. For Carter and his team, it’s all about giving brokers and lessees what they’ve always wanted…... read more

The Need to Adapt to an Ever-Changing Business Environment is Crucial to Survival

What do an ancient Greek philosopher, a philosopher from the Italian Renaissance, a nineteenth century English novelist and a contemporary American business writer have in common? For Dexter Van Dango, they all make the same point: Change or die!... read more

The Corporate Jet Market in Turbulence

The year of 2009 turned out to be one of the toughest years the corporate aviation industry had ever experienced. The General Aviation Manufacturers Association (GAMA) reported that only 870 new business jets were delivered that year, a drop of 33.7%. Expressed in dollar terms, total sales were $19 billion, down $3 billion (14%) from 2008’s record year. 
Are better times ahead?... read more

Products & Services 2010

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Using Your Ethical Compass

Businesses are built upon integrity, reputation and the ability to provide value to their customers and other business partners. As such, business ethics are of paramount importance. Having strong ethics does not mean that individuals won’t make mistakes. However, strong business ethics can be measured best by how individuals react to difficult situations... read more

The Future Remains Cloudy for the Construction Equipment Industry on Capitol Hill

With the upcoming midterm congressional elections only days away, AED’s Christian Klein examines how changes within government could affect legislation for the equipment industry. Here, he looks to three areas: roads and bridges, water infrastructure and tax incentives for equipment purchases to see if any changes could bring a ray of sunlight into our cloudy future.... read more

Bankruptcy §363 Sale

The case of In re Gateway Ethanol, LLC provides an extended discussion of a sticky issue frequently encountered in bankruptcy or litigation: whether or not a lease is a true lease versus a lease intended as security. This recent case is now being cited as authoritative by many courts when looking at the true lease/lease intended as security dichotomy.... read more

The Issue Becomes Complex When Moving From the UCC to State Title Laws

Uniform Commercial Code §9-311(a)(2) provides that the filing of a UCC financing statement does not perfect a lien that is governed by the state’s certificate of title law. Stepping out of the familiar and more-or-less uniform terrain of the UCC and into state title laws has proven perplexing, expensive and, in some cases, disastrous for motor vehicle lenders and lessors. ... read more

Volvo Financial Services

With recently passed tax incentives in capital equipment, new emissions standards ready to take effect at the end of 2010 and one of the oldest U.S. truck fleets on record nearing a necessary replacement cycle, Martin Weissburg, the president and CEO of Volvo Financial Services, thinks the future is looking bright for the American trucking sector. ... read more

Execs Discuss the Cyclical, Growing Materials Handling Industry

To fully comprehend the impact the recession has had on materials handling, the Monitor spoke to Jeff Rufener and Eric Gabriel at Mitsubishi Caterpillar Forklift America to get their take on the industry. Ranging from shipment activity to the affect of government stimulus initiatives, and from environmental equipment’s role to the impact of proposed lease accounting rules, they see the industry as healthy and growing.... read more

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Terry Mulreany
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