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With the current economic condition being the way it is, and the risk assumed by banks and lessors being scrutinized more and more, the once shunned idea of turning to an outside valuation provider for an assessment of potential exposure is now becoming more prevalent. Equipment and portfolio managers within the leasing community are being looked at by their institutions as being the last line of defense against the potential loss or shortfall from a leasing transaction as a result of the down economy or defaulting lessees.
Historically, the leasing community would primarily keep its portfolio reviews in-house to avoid the expense that turning to an outside opinion provider would incur. But as a result of recent economic events, and a growing pressure from management to assure that any shortfalls or potential losses are recognized and resolved prior to any surprises, the once “taboo” thought of allowing a non-employee access to information is becoming more of a necessity. Having the review for potential exposure or losses being performed by the same individuals who are initially setting the residuals is like having students grading their own exams. This is by no means a shot at the equipment personnel within banks and leasing companies; the ones that I deal with are some of the smartest equipment people whom I know. But the main concern is whether the people setting the original residuals are willing to say, “I think I missed this one, we need to take some action,” or are they going to avoid bringing this to the forefront in hopes that the deal will right itself by the time it reaches the end of the lease term. Oftentimes, a potential loss from a lease transaction is a result of an occurrence that could not have been predicted as of the inception of the lease; but even knowing this, the opinion from a party with no “skin in the game” is something that can provide valuable insight and potentially eliminate a potential loss or risk exposure. Because an independent valuation provider has no involvement in the deal other than providing a value, there's less of a chance of the opinion of the valuation provider being swayed by the internal environment of the lessor. Whether there is a potential loss or not, the independent opinion provider will get paid regardless of the outcome of the particular transactions being reviewed.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.