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Features

Railcar Leasing on the Rise Image

Railcar Leasing on the Rise

ljnstaff & Law Journal Newsletters

According to a recent analyst report from global market research company, Technavio, the railcar leasing market in North America, is predicted to grow steadily at a Compound Annual Growth Rate of above 9% by 2021. The report, titled Railcar Leasing Market In North America 2017-2021, finds that one of the primary drivers for this market is the rise in the demand for tank cars due to growing crude oil production.

Features

Beware: Inspecting Goods May Waive Implied Warranty Protections Image

Beware: Inspecting Goods May Waive Implied Warranty Protections

Louis DePaul & Allison Ebeck

When purchasing goods though an invoice, contract or otherwise, it is important to understand that a mere inspection of goods prior to purchase could waive implied warranty protections. A seller may effectively modify, or entirely exclude, implied warranties under the Uniform Commercial Code (UCC) by requiring a buyer to inspect, test or examine goods prior to purchase.

Features

When Actions Speak Louder Than Words Image

When Actions Speak Louder Than Words

Kelly M. Gorman

<b><I>Written Agreements Are Not the Final Word</I></b><p>Recently, an Ohio appellate court held that the parties' actual conduct — and not the express written provisions in their lease to the contrary — controlled in interpreting the intentions of the parties in contracting. This case serves as a good reminder for legal practitioners that our written agreements are often not the final word.

Features

Industry Growth Forecast for 2017 Image

Industry Growth Forecast for 2017

ljnstaff & Law Journal Newsletters

<b><I>Slight Downgrade</I></b>The Equipment Leasing & Finance Foundation has released its Q2 update to the 2017 Equipment Leasing & Finance U.S. Economic Outlook, which lowered slightly its yearly equipment and software investment forecast to 2.8%, down from 3% growth forecast in its 2017 Annual Outlook released in December 2016.

Columns & Departments

In the Marketplace Image

In the Marketplace

ljnstaff & Law Journal Newsletters

Who's doing what; who's going where.

Features

Commercial Leases and the Law of Electronic Transactions Image

Commercial Leases and the Law of Electronic Transactions

David P. Resnick & Seth Corthell

Over the past 20 years, the rise of email as a generally-accepted medium of business communication has prompted the law to allow certain contracts, including leases, to be entered into electronically, without a handwritten signature. This article addresses recent developments and the present state of the law with respect to commercial leasing and electronic media.

Features

Professional Fees May Not Be Capped by Standard Carve-Out Provisions Image

Professional Fees May Not Be Capped by Standard Carve-Out Provisions

John C. Tishler & Tyler N. Layne

Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.

Features

Split Ninth Circuit Requires Default Interest to Cure Default Image

Split Ninth Circuit Requires Default Interest to Cure Default

Michael L. Cook

A Chapter 11 debtor "cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure," held a split panel of the U.S. Court of Appeals for the Ninth Circuit.

Features

Expansion of the <i>Barton</i> Doctrine To Unsecured Creditors' Committees Image

Expansion of the <i>Barton</i> Doctrine To Unsecured Creditors' Committees

Sheryl P. Giugliano

The U.S. Court of Appeals for the Ninth Circuit recently held in <i>Blixseth v. Brown</i> that under <i>Barton v. Barbour</i>, a plaintiff must obtain a bankruptcy court's permission before commencing a lawsuit in another forum against a member of the committee of unsecured creditors, and that <i>Stern v. Marshall</i> does not preclude bankruptcy courts from adjudicating such claims on the merits.

Features

Make-Whole Mayhem Image

Make-Whole Mayhem

Jeffrey R. Gleit & Nathaniel R.B. Koslof

<b><i>Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures</b></i><p>Make-whole premiums are essentially prepayment penalties imposed on borrowers when loans are paid off in advance of their maturity dates. These premiums remove the borrowers' incentives to refinance whenever interest rates drop, and provide stability and predictability to the world of secured lending.

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