Equipment Leasing and Finance 101 - Baker Donelson
[Pages:64]Equipment Leasing and Finance 101
Alfrado Donelson, Baker Donelson adonelson@ Ken Weinberg, Baker Donelson kweinberg@
The Equipment Leasing and Finance Industry
? Equipment leasing and finance is one of the most popular means of financing the acquisition of business equipment in the United States.
? In 2014, American businesses, nonprofits and government agencies invested more than $1.4 trillion in capital goods and software (excluding real estate). Approximately 65% (or 900 billion) was financed through loans, leases and other financial instruments.
? 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
2
The Equipment Leasing and Finance Industry
? Equipment leasing and finance is one of the most popular means of financing the acquisition of business equipment in the United States.
? In 2014, American businesses, nonprofits and government agencies invested more than $1.4 trillion in capital goods and software (excluding real estate). Approximately 65% (or 900 billion) was financed through loans, leases and other financial instruments. More than $1 trillion projected for each of 2015, 2016 and 2017.
? 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
3
The Equipment Leasing and Finance Industry
? Equipment leasing and finance is one of the most popular means of financing the acquisition of business equipment in the United States.
? In 2014, American businesses, nonprofits and government agencies invested more than $1.4 trillion in capital goods and software (excluding real estate). Approximately 65% (or 900 billion) was financed through loans, leases and other financial instruments. More than $1 trillion projected for each of 2015, 2016 and 2017.
? A historical/industry perspective is important and it is not enough to only understand the various discrete legal, documentation and other concepts applicable to equipment leasing and finance...
? 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
4
Specialized Area With Deep, Historic Roots
? 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
5
Not Traditional Bank Financing
? Even the most experienced equipment leasing and finance professional should remind themselves from time to time about the unique nature of this industry.
? The industry approaches issues and documentation differently because of its history and origins, viewing transactions through its own special lens...
? 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
6
Not Traditional Bank Financing
? 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
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The 1800s
? The first significant recorded equipment leasing transactions related to transportation needs in the 1870s with the leasing of barges, railroad cars and locomotives using equipment trust certificates.
? Trusts continue to be used in more structured transactions like leveraged leases and in titling trusts (facilitating motor vehicle syndications).
? 2016 Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
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