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EQUIPMENT LEASING NEWSLETTER

March 2011

Leasing Wind Power Facilities: A New Reality

By David G. Mayer and Joel Bannister

Leasing has appeared on the national stage as a potentially viable, though complex, type of financing for wind energy facilities, with its successful use in two large utility scale projects and one community wind project.

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COMMERCIAL LEASING LAW & STRATEGY

When Affirmative Defenses Fail, Guarantors May Prevail On the Question of Lease Enforceability

Third--party guaranties and commercial leases are distinct legal instruments. Although the two are often executed simultaneously, and it is not unusual for a single person to sign a lease in her corporate capacity and a guaranty for that same lease in her personal capacity, each document creates its own set of obligations as between a different set of contracting parties.