Author Bio

Kenneth P. Weinberg

Shareholder of Baker, Donelson, Bearman, Caldwell & Berkowitz

Kenneth P. Weinberg is a shareholder at Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., and practices in the area of commercial finance, focusing on equipment leasing, equipment finance and renewable energy project finance. He has penned Dispatches from the Trenches since 2002.

Posts by Kenneth P. Weinberg

Dispatches From the Trenches

Late last year, Dispatches from the Trenches focused on the increasingly common approach in our industry of describing collateral in financing statements as “all equipment leased or financed” or words of similar effect.1 Two additional holdings have further clarified the... read more

Tipping the Scales: Dispatches from the Trenches: Usury and Choice of Law Considerations

In certain segments of our industry, the interest rate charged for the advance of loan proceeds may exceed the rates allowed under the usury laws of the state where the borrower or lessee may be located. It is important to... read more

Tipping the Scales: A Little Something to Consider When Crossing State Lines

Various common types of transactions in our industry result in equipment leasing and finance companies acquiring interests in transactions that are outside the primary states in which they are located. Some examples include the very active market pursuant to which... read more

General UCC Filings: All Equipment Leased or Financed

The core purpose of a UCC financing statement is to give notice to secured parties, lien creditors, purchasers and other third parties that the secured party identified in the financing statement claims an interest in the collateral described in the... read more

A Little Something About Proof of Insurance (This Article Confers No Rights Upon the Reader)

Equipment finance agreements often include robust provisions addressing a variety of insurance issues, including obligations to maintain property and/or liability insurance. Of course, contractual provisions obligating the lessee or borrower to maintain insurance are of little value if the requisite... read more

Six Ways From Sunday: How to Handle Conflicting Liens

In certain circumstances, a lender providing equipment financing may be unable or unwilling to obtain or rely on the super-priority lien afforded to a purchase money security interest under §9-324 of the Uniform Commercial Code. In these circumstances, the lender... read more

A Good Road is Paved with Fixed Intentions: What Do Your Documents Say About Fixtures?

A classic proverb states that the road to a bad, bad place is paved with good intentions. When it comes to a particular type of goods, known as fixtures, an expression of intent can be very valuable. Strong equipment leasing... read more

The B-B-Billion Dollar Mistake: Remember to Take a Deep B-B-Breath Before Touching Financing Statements

Our industry is known for creative and complex structures. Leasing products, designed in part to more effectively monetize tax benefits, include a plethora of options such as early buyout, early termination, fixed price, fair market value, TRAC, Split-TRAC, renewal and... read more

Is Your Chattel Paper All Wet? An Even Deeper Dive Into the Super-Priority of Possession

The last edition of Dispatches from the Trenches explored certain aspects of the super-priority rule contained in Article 9 of the UCC relating to possession of chattel paper. As discussed, under certain circumstances, this rule allows a party that takes... read more

Is Your Chattel Paper All Wet? A Deep Dive Into the Super-Priority Rule

Active members of the equipment leasing and finance industry are often familiar with the super-priority rule contained in Article 9 of the UCC. Under certain circumstances, this rule allows a party that takes possession of chattel paper in connection with... read more

Chasing Crooks: Successor Liability and Transfers of Trust

Even the most careful equipment leasing and finance company eventually enters into a transaction with a lessee/borrower that turns out to be an unethical deadbeat that not only refuses to honor its obligations but also seeks to continue to use... read more

Lessons Learned in Project Financing: Revenue Streams That Are Not Absolute & Unconditional

This edition of Dispatches from the Trenches is the second in a two-part series on non-hell or high water obligations sometimes present in bundled transactions and PPA transactions. As discussed in detail in the first installment, “bundled transactions” involve the... read more

Structured Finance and Revenue Streams: Not Absolute and Unconditional

As is the case with many mature and sophisticated forms of finance, the equipment leasing and finance industry frequently uses structured finance concepts. Securitizations, leveraged leases and one-off, non-recourse syndications are only a few examples. Our industry has also proven... read more

The Importance of Casualty and Loss Provisions in Equipment Financing

A well-drafted equipment lease or equipment financing agreement differs substantially from documentation often used by traditional lenders in transactions secured by personal property. Some of the key differences are a result of the equipment lessors’/lenders’ focus on the leased or... read more

Use Careful Consideration When Drafting Collateral Descriptions

The last edition of Dispatches from the Trenches discussed the importance of collateral descriptions in security agreements and financing statements as well as the use of collateral types versus more specific descriptions. This edition focuses further on helpful techniques and... read more

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