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Appearing in the Monitor's September 2003 Issue If you are interested in ordering an article from this, or any other issue of the Monitor, please click here to go to our article directory page. Return to Past Issues page Operating Assets Securitizations: Merging Financial Disciplines By Mark J. McGreenery Operating Assets Securitizations demonstrate how the integration of both lease and corporate finance funding techniques can provide superior financing solutions for issuers, and higher value-added products for advisors, in those instances where an issuer's financing objectives require more than a traditional lease financing can offer. Equipment ABS…Poised for a Brighter Future By John N. McElravey, CFA With increased issuance, improving credit performance and a strengthening economy, the equipment ABS sector seems poised for a brighter future for the balance of 2003. The following article traces some recent trends in this sector. Collateral Management…In Good Times And In Bad By Peter Otto and Larry Smircich Collateral. In good times, it's the basis of a significant portion of the financings made in the U.S. Properly documented and monitored, it provides comfort to secured lenders and a framework in which the creditor community is able to prosper. In bad times, if everyone's homework was done properly, it will survive workouts, turnarounds and the bankruptcy process and allow secured creditors to retire their loans. Back-up Servicing: Adding Stability to ABS Transactions By Joe A. Andries With the current levels of economic stress and increased scrutiny by rating agencies, investors and trustees are looking to back-up servicing companies to bring additional stability to ABS transactions. As these expectations of security increase, rating agencies have encouraged back-up servicers to provide advanced levels of protection. FIN 46: A Conundrum Wrapped in a Puzzle By Ruth A. Strauss Since its inception in January of this year, even experts regard FIN 46 as a "conundrum wrapped in a puzzle". The following article answers some of basic questions that arise out of grappling with the twists and turns of FIN 46. Securities Laws…Impact On Lease Documents & Structures By Edward S. Grenville If an equipment leasing transaction involves the offer or sale of a "security," it becomes subject to federal and state securities laws, and the jurisdiction of the SEC and state securities regulatory bodies. Therefore, lessors and lessees should be mindful of potential securities issues when structuring and documenting equipment leases. COMMERCE DEPARTMENT: JUNE 2003 UPDATE Increase in New Orders, Shipments and Unfilled Orders Avoiding Pitfalls in the Securitization Market By Patrick D. Regan Securitization is not something that well managed, adequately managed leasing companies need to avoid. Success in this arena ultimately falls to the companies that use it as an efficient and dependable source of capital. Dodging a Bullet - Final Tax Shelter Disclosure Regulations By Robert L. Ash Under the tax shelter disclosure regulations that the IRS rolled out in October 2002, lease transactions, which previously were not viewed as tax shelter transactions now can be characterized as "reportable transactions" subject to the regulations. Leasing industry members should consider the potential applicability of these rules to leasing transactions and be alert for future IRS guidance. Residual Value Insurance…The Perfect "Complement" By Paul Dean In the following article, Paul Dean of Collateral Guaranty discusses the beneficial applications residual value insurance can provide to both lessors and lessees. Whether allowing for capital relief, providing sales accounting for manufacturers, or averting consolidation of SPEs, residual value insurance proves to be an tool that works for all players. Business Process Management…Balancing ROI, Scope & Implementation Risk By John Voytko Even for less adventurous firms, the timing is right to put Business Process Management (BPM) technology on your radar screen and start looking for potential pilot application opportunities. Understanding the nuances of the risks associated with BPM can improve your chances of success when the time comes. In addition to feature stories, the following columns and sections appear in every issue: Dispatches From The Trenches
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