Hope Springs Eternal...
Funding Sources Welcome Fresh Liquidity, Burgeoning Economy
By Kevin Riordan, Monitor Freelance Writer
Recently, the Monitor asked top executives at companies nationwide to assess the current landscape and offer some
thoughts about where the industry is heading this year, and beyond. Their consensus was essentially positive, with
executives citing everything from pent-up demand to higher rates than were feasible just a couple of years ago. (Ref # FNF107)
Funding a Leasing Company in 2005 — To Be or Not To Be a Lessor?
By Jeffry D. Elliott, Vice President, Huntington Bank Equipment Finance
The most effective leasing companies make a strong distinction in their business model between performing
as a principal and acting as a broker. The current funding atmosphere has led some managers to question
their business model, thus deciding to be or not to be a lessor or a broker. The following article attempts
to point out the differences, advantages, disadvantages and funding realities of each model.
(Ref # FNF108)
Getting the Numbers Right With Asset-Based Accounting
By David Holmgren, Senior Financial Analyst, Ivory Consulting Corporation
Especially in situations where individual assets in multi-asset transactions are treated separately for
terminations or other purposes, asset-based accounting can be a useful approach. On the other hand, it adds
complexity and may introduce chances for judgment rather than objective measurement to be used to allocate
lease elements. Lessors who are able to implement guidelines or methodologies to make the allocation
consistent and rational will benefit most from this approach. (Ref # ACC027)
Valuing Like-Kind Exchanges: Is It News Too Good To Be True?
By Bill Bosco, Principal, Leasing 101 and Chairman, ELA Accounting Committee
The like-kind exchange benefit is being used by many of the vehicle leasing companies such as auto
manufacturers, auto lessors and auto rental companies. Increasingly, general equipment lessors are using the
benefit. Those lessors will be formidable competitors if they use the LKE pricing advantages available to
them. (Ref # ACC028)
Now More Than Ever... As State Revenue Departments
Grow Hungrier, Tax Compliance Strategies Gain Importance
By Shari L. Lipski, Principal, ECS Financial Services, Inc.
These days, the risks of overlooking tax liabilities have never been higher, and the benefits are quite
compelling for companies that can prove compliance. Furthermore, with states across the nation facing serious
budget deficits, state revenue departments are becoming more aggressive in seeking out companies that are
neglecting their tax obligations. (Ref # TAX055)
Seal the Deal: Get That Corporate Resolution!
By Thomas E. McCurnin, Partner, Barton, Klugman & Oetting
While some transaction lawyers and lease administrators consider a corporate resolution an optional document,
recent case law in three states compel the contract drafter and contract administrator to obtain this
essential piece of paper for bothstandard corporations, limited liability companies and limited liability
partnerships. Indeed, the lessor’s lease, security interest and accompanying guaranties may become
unenforceable if this crucial one page document is not obtained. (Ref # LGL1041)
From ILC to NC4 — How the Future Began for a Bank-Affiliated Leasing Company
By Vince Rinaldi, President & CEO, National City Commercial Capital Corporation
National City Commercial Capital Corporation started as a small, customer-centric leasing company. Now,
as a subsidiary of one of the top 10 banks in the country, NC4 is maintaining its small-company agility while
providing large-company benefits to its customers. It is now one of the biggest bank-owned leasing companies
in the country. (Ref # CPR103)
Traditional Values: The Future of a Changing Industry
By Cari Cuomo, Communications Coordinator, GMAC Commercial Finance
The syndication market is strong — to the tune of $440 billion in the first two quarters of last year
in the U.S. alone. But it is an industry undergoing change. Specifically, new sources of liquidity, which
represent a trading philosophy rather than a buy and hold mentality, have found their way into the senior
secured and leasing secondary markets. These players may be in for some unpleasant surprises as the credit
cycle matures. (Ref # SYN010)
Fitch Ratings: 2004 Review & 2005 Outlook
for U.S. Commercial Finance & Leasing
Companies (Part I)
By Philip S. Walker, Jr, Senior Director, Financial Institutions Group, Fitch Ratings
For 2005, Fitch Ratings’ overall outlook for the commercial finance and leasing company is stable.
The most notable change has been the virtual disappearance of the diversified commercial finance company
business model with only CIT and GE Capital remaining in the industry. (Ref # CRD070)
CFO Hot Buttons — The Key to Closing More Deals
By Shawn Halladay, Principal, The Alta Group
Since the equipment leasing and finance market is primarily a financial services business, success hinges
on a salesperson’s ability to sell to the needs of the financial decision-maker. Therefore, the
challenge lies in not only reaching the decision-maker but also in understanding his or her specific
financial concerns. (Ref # SAL135)
DISPATCHES FROM THE TRENCHES
The Importance of Being Thorough: Provisions That Should Be In Every Lease
By Kenneth P. Weinberg, Esq., Baker, Donelson, Bearman, Caldwell & Berkowitz
Recent editions of Dispatches fromthe Trenches have discussed a variety of boilerplate and other provisions
that, although important, are not always given much attention. On the other side of the coin are provisions
that everyone knows are very important. This edition focuses on the more important provisions. (Ref # LGL1043)
LEGAL WATCH
An Industry Headache... Funding Sources Left to Deal With NorVergence Fallout
By Andrew K. Alper, Partner, Frandzel Robins Bloom & Csato, L.C.
Although, in the grand scheme of things, the NorVergence problem is nothing new to the commercial paper
industry, the case seems to have taken a higher profile because of the involvement on the part of
governmental authorities. What remains to be seen is the ultimate outcome and the impact on the way leasing
companies conduct business in the future. (Ref # LGL1042)
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