Power Tools for Small Ticket Leasing

Chapter 1. Introduction

1

Part One: Background

Chapter 2. Leases and Loans: Classification Issues

11

Understanding Lease Classifications

12

Leases and Loans for Federal Income Tax Purposes

14

Implications of lease or loan treatment

14

Finance lease or conditional sale lease

14

True lease

15

Rules for classifying as lease or loan

15

What if we get it wrong?

18

Leases and Loans for Financial Reporting Purposes

19

A brief history of leasing accounting

20

Implications of lease or loan treatment

22

Operating lease--lessee

23

Direct finance lease--lessor

23

Capital lease--lessee

26

Rules for classifying as lease or loan

27

What if we get it wrong?

28

Leases and Loans for Uniform Commercial Code Purposes

29

Implications of lease or loan treatment

30

Rules for classifying as lease or loan

31

What if we get it wrong?

33

Summary

35

Review Questions

35

Chapter 3. Why Small Ticket Leasing is Different

39

Key Reasons Why Legal Issues are of Lesser Importance

40

Form driven

40

Type of lease

41

Creditworthiness of lessee

43

Summary

45

Review Questions

46

Part Two: Documentation Issues

Chapter 4. Key Lease Contract Provisions

47

Key Contract Provisions

50

Master lease/schedule language

50

Rent description

50

Late fee

51

Equipment description

51

Equipment location

51

Security deposits

52

Hell or high water clause

52

Lessor assignment

52

Lessee sublease or assignment

53

Conspicuous warranty disclaimer

54

General indemnity

54

Taxes

55

Income tax indemnity

55

Maintenance provisions

55

Insurance provisions

56

Event of loss

57

Default provisions

58

Return provisions

60

Purchase/renewal options

60

UCC Article 2A

60

Additional lessor duties

61

Lessee statements

61

Further assurances

61

Choice of law/consent to jurisdiction

62

Summary

62

Review Questions

63

Chapter 5. Additional Lease Documents

66

Commitment Letter

66

Lease Summary Sheet

69

Guaranty

69

Vendor-Related Agreements

76

Broker-Funder Documentation

76

Lessee Certificates

77

Secretary's Certificate

77

Good standing certificate

79

Landlord/Mortgagee Waivers

80

Insurance Certificates

80

TRAC Documents

81

Summary

82

Review Questions

83

Chapter 6. Financial Elements in a Lease

85

Lease Payment Elements

85

Lease commencement

86

Length of lease term

87

Billing frequency

88

Lease Payment Structures

90

Straight-line or level payments

90

Accelerated payments

91

Decelerated payments

92

Custom payment structures

94

Yields, Rates and Profitability

95

Yield

96

Implicit interest rate

96

Rate

98

End position/residual value

99

Fair market value purchase options

100

Fixed price purchase options

101

End of lease renewal option

102

Less Common Lease Provisions

102

Buyouts

102

Add-ons/master leases

103

Upgrades

103

Government leases

104

Summary

105

Review Questions

107

Chapter 7. The Lease Package

110

The Credit Decision

111

Undesirable lease transactions

114

Completed Application

115

Basic information

115

Information on principals

117

Credit references

118

Trade references

118

Bank references

118

Equipment Description

120

Transaction Summary

122

Background and history

122

Purpose of the lease

122

Collateral evaluation

123

Customer's future prospects

123

Primary and secondary sources of debt repayment

123

Comments section of the transaction summary

124

Business and Personal Documents

124

Business documents

124

Personal documents

125

How to Avoid Problems

125

Summary

126

Review Questions

127

Chapter 8. The Documentation Process

131

Contingencies Cleared

131

Correct Name of Debtor/Lessor

131

Invoices

131

Sales Tax

132

Commitment/Documentation Fee

132

Purchase Orders

132

Shipping Date

132

Document Signing

132

Advance Rental Check

133

Part Three: Selling Leasing

Chapter 9. Benefits of Leasing to Lessees: The Evidence

134

Does the Economy Affect Leasing Attitudes?

135

Propensity to Lease Among Small Firms

138

Does organizational form influence leasing?

138

Does company size affect leasing?

139

Does leasing depend upon years in business?

140

Is leasing related to owner experience?

141

Is lease usage affected by credit risk?

142

Survey of Small Business Administration Winners

143

Benefits of leasing

143

Leasing In the Lodging Industry

144

Financing Strategies for Start-Up Companies

146

Start-up strategies

146

Start-up attitudes toward leasing

147

Increased cash flow

148

Balance sheet management

148

Obsolescence

148

Burn rate

149

Leasing in the Commercial Truck Market

150

Full-service lessees--why we lease

151

Finance lease lessees--why we lease

151

Summary