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Labeling Leases

By Marc S. Intriligator and Edward L. Harris Jr.

The year is 1979. The parties have entered into a “sale-leaseback” transaction. As a result, the seller/tenant, usually an operating business with an investment-grade credit rating, has removed non-productive assets like land and factory from its books and turned them into cash, but nevertheless continues to have their full use in its business.

The purchaser/landlord has obtained reliable, leveragable cash flow and possibly some depreciation (pre-1986 transactions typically had tax-shelter aspects). It might also get its equity out of the transaction some 10 to 20 years down the road, not coincidentally at the time when its purchase money financing becomes due.

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