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JUNE 2005
The Monitor 100
FEATURES

Outlook 2005–2006: Time to Bet on the Tortoise?
By Thomas Wajnert and Steven Sherman, Founders & Managing Directors, FairView Advisors LLC
What's so exciting about slow, steady growth and profitability? If you're looking to create value for your
own company (or seek out investment opportunities in the leasing industry), then placing your bets on the
tortoise, rather than the hare, might just pay off. (Ref #TRE069)
Financing for an On-Demand World: Where Technology and Strategy Intersect
By John Callies, General Manager, IBM Global Financing
The IT needs of today's companies begin where technology meets business insight. Yet as today's
businesses increasingly rely on sophisticated technology solutions, they are discovering that in
addition to their business process and infrastructure investments, there is a third dimension that is
helping them transform into on-demand businesses: financing. (Ref #CML042)
The Bankruptcy Abuse Prevention & Consumer Protection Act: What Lessors Need to Know
By Claudia Z. Springer, Partner and Scott Esterbrook, Associate, Reed Smith LLP
On April 20, 2005, President Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,
which is perhaps the most sweeping change to the Bankruptcy Code since its enactment in 1978. While most
commentators have focused on the changes to provisions related to consumer bankruptcies, the legislation
modifies the code in many ways, some of which impact parties to personal property leases. (Ref #LGL1046)
From Both Sides of the Syndication Desk… Questions Buyers & Sellers Are Asking These Days
By Scott Kiley, Vice President, Fifth Third Leasing Company
The top five questions the leading buyers and syndicators are asking themselves - and equally important, the
answers to these questions - provide the best insight into the current state of the large bank funding market
and indirect originations activity in the upper middle market and investment grade arena. (Ref #SYN011)
Today More Than Ever-Advocacy is Critical to Our Industry's Longevity
By Paul A. Larkins, President & CEO, Key Equipment Finance
Environments change, and they change quickly, emphasizing the fact that advocacy is critical to the ongoing success
of the leasing industry. And even though recent economic indicators may be showing that conditions are improving for
lessors, it is important not to be lulled into complacency. In the following, Paul Larkins, the chairman-elect of the
board of directors of the Equipment Leasing Association, discusses how lessors can work together toward a single end.
(Ref #ASC005)
Requiem for Large Synthetic Leases… Have the FASB and SEC Finally Killed Them Off?
By James Hershberger, Principal, Hook Mountain Consulting
The Financial Accounting Standards Board has been trying to eliminate synthetic leases for 10 years by issuing exposure
drafts intended to require consolidation of special-purpose entities onto lessee balance sheets. Then, with the releases
of FIN 45 and FIN 46, the board believed that a stake had finally been driven through the heart of the synthetic lease.
Was all of this a deathblow to synthetic leasing? (Ref #LTL014)
Musings of an Equipment Manager — Sarbox, Basel II Move to the Foreground
By William Tefft, SVP, ORIX Financial Services
At a recent industry conference, ORIX Financial's Will Tefft was surprised to find the golf course free and clear while
the Sarbanes Oxley sessions were standing room only. To what can we attribute this miracle? Clearly, Sarbox is rapidly
reaching the asset management department and is going to become an area of more intense focus in the future. (Ref #EQM133)
The 12 Secrets of Commercial Credit Scoring:
Confessions of a Closet Quant Jock (Part I)
By Thomas E. Ware, SVP, PayNet
In this, the first part of a three-part series, PayNet's Tom Ware divulges the 12 secrets of commercial credit scoring.
A self-admitted closeted "quant jock," Tom's confessions move the topic from the realm of the arcane to the world of clarity.
Parts II and III will appear in upcoming issues of the Monitor. (Ref #CRD072)
Lease Securitization: New Challenges For Issuers — Part I
By Peter Humphreys and Howard Mulligan, Partners, McDermott Will & Emery
The following article discusses some recent trends in equipment lease securitizations and the benefits to, and challenges
for, an originator considering the securitization of equipment lease receivables. The first half of this series will cover
topics ranging from the benefits of securitization to underwriting and servicing issues. Part II will appear in the July-August
issue of the Monitor. (Ref #SEC077)
The Accounting Restatement Wave… Sarbox and a Watchful SEC Cause Lessors, Lessees to Take Another Look
By Bill Bosco, Principal, Leasing 101
We live in a new era of financial reporting with more pressure from regulators, accounting firms and the financial press.
Accuracy, transparency and accountability are in the forefront of everyone's thoughts, causing a recent wave of accounting
restatements. Although real estate lessee-related lease accounting restatements have topped the list with more than 200
companies affected, there have been several lessor restatement issues as well. (Ref #ACC029)
Executive Perspectives

National City Comm’l Capital: Growing, But Not for Growth’s Sake (Ref # PRO074)
An Interview With Vince Rinaldi, President
Irwin Commercial Finance: Pioneering Ahead (Ref # PRO075)
An Interview With Joseph R. LaLeggia, President
LEAF Financial Corp: Approaching Business With a Simple Mindset (Ref # PRO076)
An Interview With Crit DeMent, Chairman/CEO and Miles Herman, President/COO
Pacific Capital Leasing: 30 Years in the Making (Ref # PRO077)
An Interview With Paul Menzel, Senior Vice President
Dolphin Capital: Working to Create a Level Playing Field (Ref # PRO078)
An Interview With Stu Bryson, Vice President and General Manager
All Points Capital Corp: Dedicated to Diversity (Ref # PRO079)
An Interview With Walter Rabin, President
Winmark Equipment Finance: Credit-Driven Execution
An Interview With John Chipman, CEO
Susquehanna Patriot: Eyes on the Future
An Interview With Ken Collins, President
BB&T Leasing: Southern Hospitality Meets Customer Service
An Interview With Joel Rutledge, President
Sovereign Bank CEVF: Going From Good to Great
An Interview With John Martella, SVP
Zions Credit Corp: Broad-Based & Customer Focused
An Interview With Alan Ralphs, President
Applied Financial: The Quiet Storm of Utah
An Interview With Dave DiCesaris, President & CEO
COLUMNS

LEGAL WATCH
Where There’s a Will… “Hell Or High Water” Clause Under Attack
By Andrew K. Alper, Partner, Frandzel Robins Bloom & Csato, LC
Although generally courts will enforce an Article 2A-407 "hell or high water" provision in a lease, depending on the facts
and depending on the court, there is always a court that can find applicable law not to enforce this provision. Several
recent cases give life to the old proverb "where there's a will, there's a way." (Ref # LGL1047)
DISPATCHES FROM THE TRENCHES
The “Ins + Outs” of UCC Finance Leases & Co-Lessee Issues
By Kenneth P. Weinberg, Esq., Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
This edition of Dispatches From the Trenches provides background information with respect to what the term
"finance lease" means when used under the Uniform Commercial Code (UCC) - which is significantly different from how that
term is commonly used by some in the leasing industry - and discusses some of the risks related to co-lessees and potential
solutions. (Ref # LGL1048)
If you are interested in ordering an article from this, or any other issue of the Monitor, please visit our article
directory page. To purchase a PDF of the Monitor 100 Report, click here. Visit our
Past Issues page.
Questions or comments regarding Monitor content, or to inquire about submitting an article, contact Stuart Papavassiliou, Senior Editor,
at 610.293.1300 ext. 124 or e-mail sppapa@monitordaily.com
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