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

What's New in the Law
April 28, 2010
Highlights of the latest equipment leasing cases.
UCC ' 1-203: A Few Lesser (and Not Always Lessor) Known Pitfalls
April 28, 2010
This article discussed the unexpected (and, for a lessor, sometimes unfortunate) consequences that can result by not understanding all the nuances of UCC ' 1-203.
Elements of Solar System Financing
April 28, 2010
'Going green' has never been more popular, and financing the acquisition of renewable energy equipment has never been more affordable, both for commercial users and individual consumers. A wide variety of government and private programs are available, providing acquisition dollars as well as tax credits, deductions, and exclusions, and other incentives intended to stimulate clean energy development and adoption.
Real Property Law
March 29, 2010
Discussion of recent cases of importance.
In the Marketplace
March 26, 2010
Highlights of the latest equipment leasing news from around the country.
'Braving Tempestuous Times'
March 26, 2010
The two-part article, titled 'Braving Tempestuous Times ' Hell-or-High-Water Obligations Maintain Their Viability Despite Leasing Scams and a Troubled Economy,' which appeared in the February and March 2010 editions of this newsletter, discussed several recent court decisions that ruled on the enforceability of hell-or-high-water obligations and waiver-of-defenses provisions in leases and accounts receivable financings. This article provides further elaboration of issues raised by two of these cases.
How the Recession Has Complicated Judgments By Confession
March 26, 2010
In ordinary economic times, the most common deficiency in applications for judgment by confession is the failure to include sufficient detail concerning the basis for a judgment. Recently, however, the pendulum has swung in the opposite direction. Instead of providing insufficient detail, attorneys have been filing exceedingly complex applications based on sophisticated and voluminous commercial transactions, many of which have been denied because, in short, they are too complicated.
Update on Vessel Leasing Issues
March 26, 2010
This article covers several vessel-leasing-related topics that have increasing prominence in today's world, including: ship recycling issues; the increasing tendency to treat environmental events as criminal; Section 1110 of the Bankruptcy Code; and piracy.
Braving Tempestuous Times: Hell-or-High-Water Obligations Maintain Their Viability Despite Leasing Scams and a Troubled Economy
February 24, 2010
Part One of this Article discussed the impact of some of the recent NorVergence cases on the viability of hell-or-high-water obligations for third-party financing of lease obligations. This second installment discusses the effect of several other cases on the financing of hell-or-high-water lease obligations and accounts receivable obligations in a decade marked by credit crisis and financial fraud, and provides some practical strategies to assure wary funding sources that hell-or-high-water obligations will remain a viable route for navigating treacherous economic seas.
Rule B: Good Riddance to Maritime Pre-judgment Attachments of EFTs
February 24, 2010
While those who made a living prosecuting (and defending) Rule B attachments have to be disappointed by <i>The Shipping Corporation of India, Ltd., v. Jaldhi Oversees Pte. Ltd.</i>, the commercial bar generally and participants in international trade, including generally equipment lessors (<i>e.g.,</i> marine cargo container lessors), are grateful for the decision.

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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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