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We found 931 results for "Equipment Leasing Newsletter"...

Machinery and Equipment Supply Contracts
April 27, 2011
Having negotiated and drafted supply contracts throughout the United States and Canada, as well as other parts of the world (with the help of local counsel), the author has observed that the key legal issues are usually the same. Four of the most fundamental are: 1) getting paid; 2) warranties; 3) indemnities; and 4) limitations of remedies.
How Leasing Can Maximize Benefits in Wind Power Project Financings
April 26, 2011
With the extension of the full suite of federal incentive programs for wind energy projects — this year with increased depreciation benefits — and tax equity still elusive, well-structured sale leaseback transactions may continue to help wind projects get financed.
When Service Is Made on a Co-tenant's Employee
April 14, 2011
A recent New York appellate decision addressed the issue of whether suitable age and discretion service could properly be made on one corporate respondent tenant by serving an employee of another corporate respondent tenant.
Expanding Retailers Purchase Multiple Leases
April 14, 2011
With many opportunities in the marketplace to purchase real estate leases and other assets associated therewith, attorneys need to make sure they are ready to deal with a request from a client to purchase leases.
Assumption of Liabilities
March 28, 2011
A buyer purchases certain assets and assumes certain liabilities of a seller under an asset purchase agreement. However, after the transaction closes, the buyer files for bankruptcy under Chapter 11 of the Bankruptcy Code and eventually rejects the asset purchase agreement. From a deal lawyer's perspective, the issue is: What impact does the bankruptcy filing and the contract rejection have on the carefully drafted, thoroughly negotiated asset purchase agreement?
What's New in the Law
March 28, 2011
Highlights of the latest equipment leasing cases.
Negotiating Equipment Leases
March 28, 2011
This article reviews equipment finance negotiations in terms of general negotiating rules and advice for lawyers and their clients.
How Will 100% Bonus Depreciation Impact Like Kind Exchange Programs for Lessors in 2011?
March 28, 2011
With the enactment of 100% bonus depreciation under the "Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010," many companies with active Like Kind Exchange programs are wondering whether it makes sense to suspend their LKE programs for the balance of 2011.
An Overview of Elevator and Escalator Liability
February 27, 2011
This article examines the basic considerations and issues that arise in litigation involving injuries sustained while using elevators and escalators in New York State.
In the Spotlight: Landlord's Waiver or Subordination to Tenant's Lender's Security Interest
February 27, 2011
This article asks the question: waive or subordinate? An in-depth discussion.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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