Funding Sources Adjust to Tightening Credit Markets

With the U.S. economy suffering through its worst recession in more than half a century and access to credit drying up, funding sources have suddenly become the people in the room everyone wants to talk to. For our annual Funding Source Issue, we asked five leasing industry lenders to weigh in on the challenges and responsibilities of funding in a down market.... read more

Why Bankruptcy Practitioners Should Care About E-Discovery

The day-in, day-out reality of bankruptcy practice for practitioners is often likened to the emergency room of a busy urban hospital. Sometimes the patient is wheeled in, barely clinging to life. The wounds must be cleansed, the bleeding stopped, sometimes with an incomplete knowledge of the patient’s full history and circumstance, and with foreknowledge that resuscitation may not be in the cards. All of this is done while striving to earn a living, and to uphold the ethics of the profession.... read more

2009 Outlook Survey of What Manufacturing Chiefs Expect

The results of the 11th annual survey of mid-size and large U.S. manufacturing company CFOs commissioned by Bank of America Business Capital are explored in this article. The survey was conducted during a period of deteriorating health of the U.S. economy (mid-August through mid-October 2008). As a result, responses trended downward during the timeframe the survey was conducted... read more

Amid Struggling Economy, Equipment Managers Take the Lead

Once again asset managers are finding themselves on the front lines as leasing and finance companies struggle to maintain market share in a stagnant economy. In 2007, with the first signs of credit market instability, some 70% of finance company senior managers polled by the ELFA said they expected equipment managers to become increasingly important to their businesses. The Monitor spoke with five equipment managers to gain their perspectives on these times of unprecedented uncertainty.... read more

True Leases Verses Straight Loans

It is common for those in our industry to distinguish true leases from dollar-out leases or other leases intended as security, which result in nothing more than a secured loan (referred to throughout the remainder of this issue as an ALIAS). This edition goes a step further and discusses situations where a loan documented on a note and a security agreement (sometimes referred to as a straight loan) is preferable to a lease, and vice versa.... read more

Fraud in Today’s Economy for Lenders and Lessors

When it comes to fraud, here’s the bottom line: fraud costs lenders and lessors millions of dollars every year. The key to fraud prevention is diligence, diligence and more diligence. For this year’s Risk Management and Fraud Prevention issue, Andrew Alper reminds readers to look out for the many “badges” of fraud.... read more

Battling Hopelessness for Equipment Leasing Brokers

In times like these, it’s easy to be negative — especially when prospects may seem to be drying up. In this edition, Linda Kester presents four ways to reinvigorate both yourself and your business... read more

Financial Federal Demonstrates the Wisdom of Sticking to Its Knitting

While conventional thinking emphasizes the necessity of adaptation and change, once in a while a company comes along that seems to defy this commonly held belief. One such company is Financial Federal, which despite the meltdown in the financial services sector, illustrates the wisdom of maintaining a focus on what it does best.... read more

Be Explicit When Talking Negligence

There are risks involved in not mentioning negligence in the indemnity section of a lease agreement. Lessors should also be warned that state laws regarding the enforceability of exculpatory clauses can be relevant. Cautious lessors should always review their lease documents to know if these forms will protect them from claims.... read more

Sixth Circuit Rules on Lease Rejection Damages, the Impact of Mitigation Efforts

The case of Giant Eagle, Inc. v. Phar-Mor, Inc., holds a number of positive rulings for equipment lessors. The court found that lessors’ rights would not be limited in its claims for rejection damages, but also highlights the disadvantages that this type of structure could present for equipment lessors. ... read more

Why Some Things Shouldn't Change in the Leasing Business

While reading an issue celebrating Monitor’s 35 years of publication, it’s a good time for us to reflect on what gives a business staying power. Successful modern companies embrace the technologies and sales fashions of the day but only to the extent they allow them to build on timeless values. Gerry Egan applies this “timeless” philosophy to the business of leasing.... read more

Molloy Associates & The Monitor

In planning the Monitor’s 35th anniversary edition, it became evident that this issue wouldn’t be complete without input from our publisher, Jerry Parrotto. As is his style, Jerry rose to the challenge and reached back to his early days as an executive recruiter to bring clarity to the somewhat unusual evolution of a recruiting firm into a media company.... read more

The Leasing Continuum

What better way to pay homage to the Monitor than to honor the industry and the visionaries who built it? To commemorate the Monitor’s 35 years of publication, we spoke with four veteran leasing and finance executives, each of whom witnessed the extraordinary growth of the equipment leasing industry.... read more

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Terry Mulreany
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