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Friday, September 28, 2012
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You May have Missed---
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Classified Ads---Asset Management
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Free Posting for those seeking employment in Leasing:
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Story Credit Lessors---Up-Dated
These companies specialize in "C" and "D" credits, often new businesses, or businesses where the principal(s) have Beacon score around 600 or previous difficulties; meaning to become comfortable with the credit and financial situation you need to learn the "story" to make a positive decision, often requiring further security, shorter term, or additional guarantors. Many of these companies may also have programs for “A” and “B” rated companies, but their specialty is not being a “cookie cutter” and often require full financial statements and tax returns as well as a “story about the company, its history, goals, circumstances” to fully understand the full financial picture.
Also listed below the dollar amounts are companies that who are known for accepting "subprime leasing." There are many lessors with non-recourse lines and sources as well as brokers who sub-broker transactions, which is common in the industry. The categories are based on leasing association categories and to make the funder list banks and/or investors are confirmed.
To qualify for this list, the company must be a funder (as qualified by Leasing News and on the “Funder List” and not a "Broker/Lessor" or "Super Broker/Lessor", along with an acceptable Better Business Bureau Rating and no history of complaints at Leasing News, as well as notifying lessees in advance when the lease will end and what the residual will be, specifically not automating extra lease payments, or insisting their discounter follow the same policy. We reserve the right to not list a company who does not meet these qualifications.
We encourage companies who are listed to contact us for any change or addition they would like to make. Adding further information as an "attachment" or clarification of what they have to offer would be helpful to readers is very much encouraged.
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Funders Looking for New Broker Business—Up-Dated
To qualify for this list, the company must be a funder (as qualified by Leasing News and on the “Funder List” an acceptable Better Business Bureau Rating and no history of complaints at Leasing News, as well as notifying lessees in advance when the lease will end and what the residual will be, specifically not automating extra lease payments, or insisting their discounter follow the same policy. We reserve the right to not list a company who does not meet these qualifications.
There is no advertising fee or charge for a listing. They are “free.” Leasing News makes no endorsement of any of the companies listed, except they have qualified to be on this specific list.
We encourage companies who are listed to contact us for any change or addition they would like to make. Adding further information as an "attachment" or clarification of what they have to offer would be helpful to readers is very much encouraged
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Larry Artman appointed vice president at Magnolia Financial, Greater Atlanta Area. Previously he was vice-president, regional sales manager, Bay View Funding.
Kevin Collins, CLP, has joined Marlin Business Services Corp.'s Healthcare Finance Group Senior Business Manager, greater Chicago area. Previously he was business development officer (healthcare) TCF Equipment finance (July, 2011-August, 2012), founder & networking leader--helping others succeed!, Professional Leadership Group (August, 2009-october, 2001), trusted advisor/vendor financial sales-medical devices, software & IT, Wynn Consulting (September, 2009-July, 2011), national account manager, Enterprise sales/strategic accounts (vendor) FirstCorp (October, 2003-July, 2009), president/owner, Wynn Consulting (December, 2002-October, 2003), director of sales, CIT Group (December, 2001-november, 2002), direct enterprise channel sales & strategic accounts, Bombardier capital (August, 1998-August, 2001), national sales manager, vendor financing (GE Capital (August, 1997-July, 1998)Certified Lease Professional "CLP", Leasing and Financing CLP Foundation
Alvaro “Al” Damiani was hired as Chief Financial Officer, Advantage Funding, Lake Success, New York. Previously he was CFO, vendor finance, US, CIT Group (September, 2008-September, 2012), CFO-commercial finance group, Citicapital (Citigroup) (2006-2008), CFO-Business Technology, Healthcare Energy Group (Citicapital (Citigroup (2000-2006), controller, Copelco Capital (acquired by Citigroup) (1198-200)Fordham University, Bachelor of Science (B.S.), Accounting, Pace University, Master of Business Administration (MBA), Finance, General.
Andrew "Andy" Fishburn has been appointed Vice President of Federal Government Relations, Equipment Leasing and Finance Association, Washington, D.C. Previously he was deputy assistant secretary, legislative affairs, U.S. Department of the Treasury (2004-2007). "Mr. Fishburn has focused on legislative, financial and tax policy matters throughout his distinguished career within the Department of Treasury and the U.S. Congress. He served in legislative affairs positions and as senior advisor to four Secretaries of the Treasury, including as a Deputy Assistant Secretary under Secretaries John Snow and Henry Paulson. During 2010 and 2011, he served on the staff of the U.S. Senate Committee on Finance and worked for Sen. Max Baucus (D-Mont.) on tax policies such as bank taxation, tax administration, oversight of the IRS, tax extenders and small business tax issues. Most recently, he was the Director of Legislative and Intergovernmental Affairs at the U.S. Mint, acting as the Bureau’s lead legislative strategist and congressional liaison. He has a B.S. in environmental studies from the University of Michigan and a Master of Public Affairs from Indiana University. Indiana University Bloomington, Master of Public Administration (MPA), Environmental Policy/Policy Analysis (1996 – 1998). University of Michigan, Bachelor of Science (BS), Environmental Studies
Carrie Garcia is no longer at Allegiant Partners, seeking work. She joined the firm February, 2008 as credit administrator and became an Associate August, 2009. Previously she was a server, the Seafood Peddler (January, 2008-April, 2008), Barista, Starbucks Coffee (September, 2005-October, 2006), clerk, Human Resources, Dominican University of California (September, 2004-May-2005).
Stacy Griffin has been promoted to Business Development Manager at Marlin Business Services Healthcare Finance Group, "greater Philadelphia, Pennsylvania. she joined the firm May, 2011. Previously she was business development manager, Robard Corporation (February, 2010-Mayu, 2011), regional account manager, Thomas Scientific (August, 2008-February, 2010) pricing and leasing analyst, Siemens Healthcare (September, 2004-September, 2008). Regional manager, Copelco (1994-2000).Colorado Technical University Bachelors, Management (2004 – 2007).
Michael L. Leonard was named Senior Vice President at Veterans Leasing & Finance. Inc. Greater Atlanta Area. Previously he was vice president, leasing, Bank of the Ozarks (March, 2011-September, 2012), territory manager specialty vehicle group, Wells Fargo Equipment Finance (July, 2008-March, 2010), National Accounts manager, Paccar Financial (August, 2002-April, 2008), sr. vice president, Financial Federal Credit (200-2002), sr. vice president, Orix Credit Alliance (1987-2000), Asst. vice president, Associates Commercial Corporation (1972-1987). The University of Georgia, Education (1965 – 1968), www.linkedin.com/in/mikeleonard3
Patricia "Patty" Mascaro was promoted to Senior Business Development Manager, Marlin Leasing's Healthcare Financial Group, Marlin Business Services, Mount Laurel, New Jersey. Greater Pittsburg Area. She joined Marlin March, 2012. Previously she was national sales manager-VFG HealthCare Finance Division, VFG Leasing & Finance (March, 2010-March, 2012), region sales manager, Creekridge Capital (July, 2008-March, 2010), financial services account manager-Healthcare Financial Services, GE Commercial Finance (July, 2007-July, 2008), region sales manager, US Express Leasing (May, 2004-July, 2007), District sales manager, Wells Fargo Financial (August, 2003-May, 2004), district sales manager, De Lage Landen (September, 1999-August, 2003). University of Pittsburgh, B.S., Psychology, Sociology Minor (1983 – 1986), Graduated Cum Laude, Purdue University, Psychology, Sociology Minor (1982 – 1983).
Terry Sandoval was hired as vice-president of Lease Origination at ATEL Capital, San Francisco, California. Previously he was private equipment group-account manager, First National Capital Corporation (February, 2010-Septejber, 2012), finance advisor, MassMutual Financial Group, June, 2008-march, 2009), relationship manager, Wachovia, a Wells Fargo Company (August, 2008-June, 2008).University of San Diego (2004 – 2008). “ATEL has scored another hiring victory with Taylor. He is extremely knowledgeable of our target market of Fortune 1000 companies and has the energy and strategic selling skills to be an industry stalwart for years to come,” said Ken Fosina, ATEL Leasing’s executive vice president. University of San Diego (2004 – 2008).
Leasing Industry Help Wanted
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SBA Raises Lending Size Limits 58 Industries
The increases is beneficial to community and regional banks, as well as finance and the leasing industry.
There are other categories that will benefit the community bank, regional bank, finance and leasing industry.
First, a size standard, which is usually stated in number of employees or average annual receipts, represents the largest size that a business (including its subsidiaries and affiliates) may be to remain classified as a small business for SBA and federal contracting programs. The definition of “small” varies by industry. It can be up to 2,500 full time employees.
In a further effort to stimulate business, the dollar amounts available have been raised.
SBA increased size standards for businesses in 21 industries in the Real Estate and Rental and Leasing Sector. More than 13,000 additional firms will qualify as small under these new size standards and become eligible for SBA loan and federal procurement programs.
SBA also increased size standards for nine industries for firms in the Educational Services Sector. More than 1,500 additional businesses will qualify as small under the new size standards and become eligible for SBA loan and federal procurement programs.
Size standards for 28 industries were also increased for firms in the Health Care and Social Assistance Sector. More than 4,100 additional firms will qualify as small under these new size standards and become eligible for SBA loan and federal procurement programs.
Here is a partial list:
Partial List as PDF:
(This ad is a “trade” for the writing of this column. Opinions
CIT: Middle Marked Poised for Growth in Coming Year
Middle Market Companies Stronger Today
According to a new CIT new research, “The majority of middle market executives also report that, during the next 12 months, their companies are likely to: increase the range of products and services they offer in current markets (65%); expand into adjacent markets (58%); and enter other geographic regions (54%). In addition, about 4 in 10 middle-market leaders (42%) also expect to expand their workforce in the coming year.”
“Although they might often be overlooked for more blue chip companies, the middle market is a critical component of the U.S. economy today”
John A. Thain
“Middle market companies have long been the backbone of the U.S. economy, employing tens of millions of Americans and generating trillions in revenue annually,” said John A. Thain, Chairman and Chief Executive Officer. “At CIT, we recognize the importance of these companies and have been dedicated to providing lending, leasing, and advisory services to the middle market for more than 100 years. This research is another extension of our commitment to this critical group of companies, exploring their views and perspectives on important issues affecting them today.”
According to the research, a vast majority of middle market executives agree that middle market companies are: job creators (97%), barometers of the U.S. economy (95%), and drivers of innovation (91%).
Other Key Findings
Financing an Area of Satisfaction
Overall satisfaction with financing proves high. Eight in ten middle market executives (81%) report that they are satisfied with their company’s access to financing, as well as the cost of financing for their company. Most also say that they are satisfied with the variety of financing alternatives available to their company (79%).
Impact of the Presidential Election
Not surprisingly, the vast majority of middle market executives (81%) say that the outcome of the presidential election will have an impact on the health of the economy; 38 percent say it will have a major impact. However, 71 percent say that the presidential candidates spend too little time talking about the middle market.
Federal Regulation a Concern, along with Economic Uncertainty and Talent Management
Looking ahead to the next 12 months, middle market executives express concern about continued economic uncertainty at the national level (83%) and talent management—the ability to retain top talent (59%) and to hire top talent (55%). Additionally, more than half (56%) are concerned about compliance with federal regulations, and healthcare reform tops the list of existing or pending federal legislation or regulation with the greatest impact on their companies.
Room for Improvement in Strategic Management
Many middle market companies seem to fall short on their strategic management capacity. Based on the findings of the study and questions about company strategy, organization structure, effectiveness of business units, measuring and rewarding performance, and organizational culture, researchers developed an index to rate the management capacity of middle market companies. According to this index, only 26 percent of middle market executives represent companies that have strong strategic management. In fact, just one third (33%) of executives surveyed say that their company has in place a clear strategy that was reached by a consensus of key executives, that has been communicated, and that addresses short- and long-term implications. Almost one in four (24%) say that their company’s strategy has not been communicated or that their company has no clear strategy in place.
About the Survey
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Every Asset Based Lender’s Nightmare!
Lenders which Received From Subsidiary of Borrower Collateral For
Asset based lenders rely heavily on the value of their collateral and their right of recourse to the collateral in the event of default. Indeed, asset based lenders take great pains to make sure their liens are properly perfected so no one, not even a bankruptcy trustee, can deny them their recourse rights to the collateral. So what if there were a body of law that would allow a bankruptcy trustee to deny an asset based lender its collateral, even where the lender properly perfected its lien, as much as four to six years after the loan closing? There is such a body of law and it reared its ugly head most recently in the bankruptcy case of In re TOUSA, Inc., 2012 WL 1673910.
This is a complicated case, which, in a nutshell, may impose a duty of creditors to examine the source of settlement funds and to gauge the solvency of borrowers’ subsidiaries, before receiving settlement funds from, or making a new loan secured by the collateral of, subsidiaries.
TOUSA was the thirteenth largest home building in the United States, with many subsidiaries. TOUSA and one of its subsidiaries, In 2005, Transeastern were obligors to Transeastern’s lenders. TOUSA and Transeastern defaulted on the loans and litigation ensued. This default triggered defaults on many other loans where TOUSA was an obligor with other subsidiaries. In order to settle the Transeastern litigation the “other subsidiaries” put up assets as collateral for loans from “new lenders” to pay off the “Transeastern Lenders”, to the tune of more than $400 million. In 2007, about six months after the settlement, TOUSA and all of the subsidiaries filed for bankruptcy, due mainly to the crashing real estate values.
The Creditor’s Committee in the bankruptcy then filed an action against the New Lenders to vitiate their liens on the collateral posted by the other subsidiaries, and to thereby turn the New Lenders’ $400 million claim from secured to unsecured! The Creditor’s Committee argued that the other subsidiaries granting a lien on their assets to secure a loan where the loan proceeds were used to pay off loans the other subsidiaries were not liable for, to wit, the Transeastern loans, was a fraudulent conveyance. The Creditor’s Committee also sued the Transeastern Lenders under the same legal theory. There were three courts and three different opinions.
All you really need to know is that the Creditor’s Committee won on all counts. In short, the fraudulent conveyance law says that if the other subsidiaries were not liable for the Transeastern loans, then their putting up their collateral for new loans to pay of the Transeastern Lenders is a fraudulent conveyance as against the New Lenders and The Transeastern Lenders if:
The court had no problem concluding the other subsidiaries did not get reasonably equivalent value since they didn’t get anything except a mere 6 month delay of the bankruptcy of their parent company, TOUSA: remember the other subsidiaries were not even guarantors of the Transeastern loans. The court also did not have much trouble concluding the other subsidiaries were insolvent at the time of the closing, especially when all entities ended up filing for bankruptcy within six months of the closing. In 2007, real estate prices were in a free fall.
The first lesson here is for lenders making new loans: BEWARE the loan where the loan proceeds do not go directly to the party pledging the collateral or for their direct benefit. If you are going to make a loan where the proceeds are not going to or for the direct benefit of the party pledging the collateral, there must be a full and thorough analysis of the finances of the party pledging the collateral to confirm they are not insolvent and will not become insolvent as a result of your transaction. Here the Court noted that the lenders knew that the subsidiaries were, or were about to become, insolvent. The lender’s argument that the insolvency of the subsidiaries was unexpected was thoroughly rejected. Heretofore, the knowledge of the transferor’s insolvency was not a requirement. It remains to be seen how the courts treat the issue of knowledge in the 11th Circuit after this decision.
The second lesson is for lenders accepting payoffs: BEWARE the payoff coming from a source other than your borrower. This issue is similar to the preference law concerns of any lender accepting a payoff. Here, however, the exposure is not limited to 90 days, but can run into years. Notably, the Transeastern Lenders may have been able to defeat the Creditor’s Committee’s claims if they had obtained a guaranty from the other subsidiaries at the time of the original loans. But the guaranty must itself not be vulnerable to attack. For example, if the guaranty was entered within the statute of limitations for fraudulent conveyances and the other subsidiaries did not receive reasonably equivalent value for the guaranty, the guaranty itself could be vitiated and the payoff again recaptured by the Creditor’s Committee. Although the Lenders argued that this due diligence would place unreasonable constraints on them. The 11th Circuit stated, “But every creditor must exercise some diligence when receiving payment from a struggling debtor. It is far from a drastic obligation to expect some diligence from a creditor when it is being repaid hundreds of millions of dollars by someone other than its debtor.”
Because the loan funds were wired through a series of 3-4 different wires, Lenders tried to argue the “second transferee” doctrine insulated them from a fraudulent conveyance claim. This doctrine generally provides that if there is an intermediary transferee between the alleged fraudulent conveyance transferor and the ultimate recipient, the transfer cannot be held to be fraudulent." The 11th Circuit saw right through this structure and stated that the Court had to look beyond the particular transfers in question to the entire circumstance of the transactions when deciding whether the lenders controlled the transaction. The short answer is there may not be a way to document around a fraudulent conveyance. If a securitizer is handling the proceeds of a settlement like this, it might be wise for the securitizer to advise the participants of a potential fraudulent conveyance. In other words, the lead lender might want to tell the participating lenders that the money they are getting today, might be coming back tomorrow. Given the TOUSA decision, this seems like prudent practice.
Finally, it should be noted that this “upstream” (a subsidiary acting for the benefit of a parent) pledge problem also applies to upstream guarantees. When a lender obtains a guarantee from a subsidiary any payments by the subsidiary pursuant to the guaranty are similarly at risk to fraudulent conveyance claims.
Frank Peretore is a founding member and Scott Chait is an associate of the firm Peretore & Peretore, P.C. in Sparta.
Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles, California.
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Clint Eastwood’s sports drama (“Trouble with the Curve”) and a top-notch police thriller (“End of Watch”) hit theaters, while ghoulish fun (“Dark Shadows”) and a pair of Hong Kong hits (“The Flying Swords of Dragon Gate,” “In the Mood for Love”) await DVD viewers.
Trouble with the Curve (Warner Bros.): After scoring Oscar gold with the boxing drama “Million Dollar Baby,” the legendary Clint Eastwood returns to the sports arena in this relaxed baseball drama. Eastwood stars as Gus Lobel, a veteran Atlanta Braves scout who finds that his training methods are increasingly at odds with today’s computer-based style. When he considers retirement, his friend Pete (John Goodman) asks Gus’ attorney daughter Mickey (Amy Adams) to help him remain in the game. That’s when they meet Johnny (Justin Timberlake), a fellow scout who helps the old timer learn the new tricks of the trade. Though directed by newcomer Robert Lorenz, the movie bears the trademarks (unpretentious style, spiky humor, humanistic messages) that made Eastwood’s own directorial career such a distinctively American brand of cinema.
End of Watch (Open Road Films): Director David Ayer further cements his reputation as a maker of gritty urban dramas with this intense look at the friendship between a pair of Los Angeles police officers. Brian Taylor (Jake Gyllenhaal) and Mike Zavata (Michael Pena) are close pals who together cruise the most dangerous corners of the city, often coming in contact with brutal criminals. Their bond is tested when a routine traffic stops leads to a massive drug bust, and suddenly they find themselves (an their families) targeted by a vicious international cartel. At times making startling use of the you-are-there camera made famous by the TV show “Cops,” the film is a visceral, suspenseful, and often disarmingly funny account of everyday heroism with excellent performances by Gyllenhaal and Pena.
Dark Shadows (Warner Bros.): Tim Burton delivers more of his inimitable blend of whimsy and ghoulish humor in this visually sumptuous horror-comedy. Based on the cult TV series, the story centers on Barnabas (Johnny Depp), an 18th-century playboy vampire who makes the mistake of crossing beautiful witch Angelique (Eva Green). As punishment, he loses his beloved and is imprisoned in a tomb, only to be freed two centuries later in the funky 1970s. Trying to adapt to the strange times and to the hilariously dysfunction family now running his majestic manor, he comes face to face with his lost love… as well as with his witchy nemesis. With an excellent cast that includes Michelle Pfeiffer, Helena Bonham Carter and Chloe Moretz, Burton’s latest is an often delectably clever tribute to weird families everywhere.
The Flying Swords of Dragon Gate (Indomina): One of the major creative forces in the Hong Kong film industry for decades, director Tsui Hark is famous for his lush and outlandish marital-arts epics, and his latest effort doesn’t disappoint. Set during the Ming Dynasty centuries ago, the story features iconic kung-fu star Jet Li as Zhou, a brave warrior whose battle against corruption leads him to female fighter Ling (Chen Kun), Mongol princess Buludu (Gwei Lun-mei), and a horde of bandits, noblemen, and lookalikes. Throughout this series of skirmishes and intrigues, the filmmaker maintains a breathless pace and an eye-popping visual sense. For audiences only familiar with martial-arts movies through “Crouching Tiger, Hidden Dragon,” here’s a chance to broaden your high-flying, butt-kicking horizons. With subtitles.
In the Mood for Love (Criterion): One of last decade’s greatest films, this 2000 romance from Chinese master Wong Kar Wai (“Chungking Express”) is cinema at its purest. Set in Hong Kong during the 1960s, it chronicles the aching yearning between two people who live next to each other, melancholy newspaper editor Chow (Tony Leung Chiu Wai) and lovely secretary Li-Zhen (Maggie Cheung). Though they’re both married, the two begin a chaste yet intense friendship that seems fueled by buried passion. A shocking discovery strengthens their bond, but can they push their feelings for each other to the next level? Making splendid use of color, movement, music and the stars’ performances, Wong weaves a sublime mosaic of memory, emotion, and possibility. A must-see for movie lovers everywhere. With subtitles.
Open Positions at Leasing Funders/Various Locations
(Most of the listing have "open positions." While you may find ones that do not, check back later, as they may have added an opening.)
Bank of America
Bank of Ozarks
Bank of the West
CIT Job Openings
De Lage Landen Financial
Home Savings Bank
Northern California Farm Credit (office listings)
People's United Bank
Prime Alliance Bank
Leasing News invites other employers to list their "open positions." The listing is free.
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John W. Knight
The game was tied in the bottom of nine
"Do something Ben, murder the ball,
He dug in his right foot then positioned his left
The pitcher glared in, the Ump hunkered down
This is the sum that the game's all about
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This Day in History
1542- California is discovered by Portuguese navigator Juan Rodriguez Cabrillo who reached San Diego Bay. Cabrillo died at San Miguel Island, CA, Jan 3,1543. His birth date is unknown. The Cabrillo National Monument marks his landfall and Cabrillo Day is still observed in California (in some areas on the Saturday nearest Sept 28). Cabrillo left Navidad, Mexico on June 27, and landed at what is now known as Ballast Point, San Diego, CA. He continued his explorations and discovered Santa Catalina Island, San Pedro Bay, the Santa Barbara Channel, San Francisco Bay, and other West Coast landmarks. Other Europeans had encountered the Pacific Ocean previously, including Gasco Nunez de Balboa, who had laid eyes on the Pacific in 1513, and Ferdinand Magellan, who had sailed across the Pacific in 152-21 during the first circumnavigation of the world.
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