Equipment Managers Prove Their Worth as Economy Makes Slight Advances at Recovery

February marks the first official gathering of asset managers since the end of the recession, when the Equipment Leasing & Finance Association convenes its 2010 Equipment Management Conference in Tucson, AZ. In anticipation, the Monitor reached out to five of the industry’s leading asset managers — including the chairperson of this year’s conference planning committee — to see what the past two years have been like, what people will be talking about and what’s in store for 2010.... read more

Products & Services 2009

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Fraudulent Inducement, Mistake & Unconsionability Defenses and the Importance of Language

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.... read more

Can Non-Debtors Be Discharged Through a Debtor’s Bankruptcy Reorganization Plan?

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. ... read more

A New Sales Outlook

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.... read more

The ‘New’ PNC Equipment Finance — A Year in the Making

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.... read more

Looking for a Funding Partner?

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.... read more

Understanding Your Business Operation, Tax Matters and Liability

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?... read more

Are We in the Eye of the Equipment Leasing Storm?

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.”... read more

Impact of the Liquidity Drought on the Equipment Leasing & Finance Industry

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.... read more

State of Funding

Where we are today? In finance circles it is a story of the have-nots and have-nots. As we surveyed the marketplace to find out who is lending to leasing companies or investing in lessors, we had a difficult time determining who’s doing what these days.... read more

Marine Finance Rule #1

Making sense of the highs and lows of the shipping markets requires, to a large extent, an insider’s understanding. But as Matt McCleery explains, rule number one in marine finance becomes clearer when a Greek ship owner and an Irish American publisher of maritime financial information meet in a New York hotel bar and the following conversation ensues…... read more

Equipment Leasing and Finance Association: It’s Full Steam Ahead

As the fall conferences approach, the Monitor continues its tradition of spending time with the president of the Equipment Leasing and Finance Association to find out about the association’s accomplishments, setbacks and plans for the coming year. But unlike previous interviews, the winds of change brought about an unexpected addition to this year’s update.... read more

Although the Economy Shows Signs of Leveling Out, PNC’s Economist Says We’re Not Out of the Woods Just Yet

They say so much can change in a year — and from the time we spoke with PNC Economist Robert Dye in the late summer of 2008 until now, in August 2009, we have seen a multitude of bad news stories, but we are weathering the continued after effects of the mid-2000s “economic party” attitude. With the after-party crash, came tumult in the financial and consumer sectors. As we continue to experience a very long, drawn out and somewhat painful hangover effect, we hope to sweep up the confetti, take some aspirin and head toward a better next few years.... read more

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Terry Mulreany
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