Equipment Leasing and Financing: Structuring and Documenting the Transaction

Navigating Financing Structures, Characterization Issues, and Other UCC, Tax and Accounting Implications

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, October 17, 2012

Recorded event now available

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Program Materials

This CLE webinar will provide commercial finance counsel with a review of the factors involved when negotiating and drafting key terms in equipment leases and lease-financing transactions, including characterization, UCC, tax and accounting provisions.

Description

Due to the different types of equipment leases, counsel must consider various factors when negotiating, analyzing, structuring and documenting key terms in a lease or lease-financing transaction. Counsel should anticipate characterization, UCC implications, and tax and accounting issues.

Counsel should also structure the transaction to avoid challenge as a true lease under the UCC. The language and scope of the agreement must address differences applicable to capital leases and operating leases, true and not-true leases, and accounting and tax lease issues.

There is a delicate balance to achieve between the needs of financing providers to secure the certainty of payment they desire against the customer’s need for flexibility. The related UCC and commercial law issues, as well as the tax and accounting considerations, are part of this balancing exercise.

Listen as our panel of corporate finance and tax attorneys prepares business counsel to negotiate and draft key terms in equipment leases and other financings. The panel will highlight the characterization considerations, key economic provisions including “hell or high water” payment requirements, state and federal tax indemnifications, defaults and remedies, and customer “flexibility” terms including options, upgrades and substitutions, and the related commercial law, tax and accounting implications.

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Outline

  1. Structuring and documenting equipment lease/financing transactions
  2. UCC characterization issues
  3. Tax and accounting implications

Benefits

The panel will review these and other key questions:

  • What business considerations should counsel anticipate when structuring and drafting different types of equipment lease/financings?
  • What UCC and other commercial law issues should counsel take into account when evaluating the implications of having a true “lease” or a non-true lease?
  • What impact should counsel be aware of with respect to capital lease versus operating lease status?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Gross, Edward
Edward K. Gross

Shareholder
Vedder Price

Mr. Gross has over 25 years of experience representing bank-affiliated and large, independent equipment financing...  |  Read More

Blau, Denise
Denise L. Blau

Shareholder
Vedder Price

As a member of the firm’s Tax Practice and the Global Transportation Finance Team, Ms. Balu focuses on federal...  |  Read More

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