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Financing Capital Equipment: What you Need to Know When Deciding Whether to Lease or Borrow

 
Gain a better understanding of the pros and cons when determining which form of equipment financing to choose for your transactional purposes. This topic is intended to provide the various considerations by parties to capital equipment financings, especially as to the differences between financings structured as leases or as secured financings. The discussion will include commercial law, bankruptcy, federal income tax and other tax, and accounting/balance sheet considerations. The topic will also include the typical documentation and closing process when acquiring equipment by lease or secured financing. Examples of equipment financings that might require a more specialized appreciation for the related issues will also be provided. This information will provide you with a better understanding of the general and nuanced considerations when determining which form of equipment financing best serves your transactional purposes, and how and why these transactions are typically structured, documented and closed.

Agenda

Faculty

Edward K. Gross

Edward K. Gross

Vedder Price

  • Shareholder at VEDDER PRICE and a member of the Global Transportation Finance team
  • Established the firm’s Washington, DC office and has over 30 years of experience representing bank-affiliated and large, independent equipment financing companies in all aspects of equipment finance transactions, including documenting, structuring, negotiating, syndicating and enforcing these transactions
  • Handles all types of equipment finance matters and structures, including single investor, leveraged financings, true/tax motivated leases, synthetic leases, TRAC leases, bundled and other vendor-originated financings, and domestic and cross-border financings, primarily for transportation equipment, but also for other types of equipment, including: manufacturing and assembly line, construction and drilling, energy-related and other facilities, medical and health-related facilities, high-tech equipment (including bundled financings), trucks and trailers, modular units and vessel repair equipment
  • Many clients rely on him in syndication transactions, including large portfolio purchases, “one-off” sales and assignments, discounting, back-leveraging and participation transactions
  • Has prepared lease, loan and syndication forms for many of the most active financing providers in the industry
  • Working with VEDDER PRICE’s well-regarded bankruptcy and creditors’ rights practice, he has assisted financing providers, including various creditor groups, with workout, restructuring, bankruptcy and enforcement matters
  • Selected for inclusion in numerous editions of Who's Who Legal’s The International Who's Who of Aviation Lawyers, including the 2014 edition in which he participated in a roundtable discussion; in the 2013 edition of that publication, he is named one of the top 500 aviation lawyers in the world, and is cited as “a go-to lawyer for finance, insolvency and restructuring…well-respected by commercial clients”
  • In 2013 he was ranked in Chambers USA in the Nationwide Banking & Finance: Equipment Finance & Leasing category; was also named in Washington DC Super Lawyers (2007–15) and has been listed in The Best Lawyers in America and The Legal 500
  • Elected as Fellow to the American College of Commercial Finance Lawyers in 2011, and elected as Regent to the College in 2012
  • Has been recognized by the Equipment Leasing and Finance Association (ELFA), receiving the Distinguished Service Award in 2008 and ELFA’s Legal Committee Edward A. Groobert Excellence in Leasing Award in 2011
  • J.D. degree, University of Baltimore School of Law; B.A. degree, University of Maryland

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