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Wednesday, March 23, 2005 Headlines--- Classified Ads---Sales ######## surrounding the article denotes it is a “press release”
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full listing of all “job wanted” ads at: ---------------------------------------------------------------- Fed Funds to 2 ¾ percent Here is the official press release from the U.S. Federal Reserve: “The Federal Open Market Committee decided to raise its target for the federal funds rate by 25 basis points to 2-3/4 percent. “The Committee believes that, even after this action, the stance of monetary policy remains accommodative and, coupled with robust underlying growth in productivity, is providing ongoing support to economic activity. Output evidently continues to grow at a solid pace despite the rise in energy prices, and labor market conditions continue to improve gradually. Though longer-term inflation expectations remain well contained, pressures on inflation have picked up in recent months and pricing power is more evident. The rise in energy prices, however, has not notably fed through to core consumer prices. “The Committee perceives that, with appropriate monetary policy action, the upside and downside risks to the attainment of both sustainable growth and price stability should be kept roughly equal. With underlying inflation expected to be contained, the Committee believes that policy accommodation can be removed at a pace that is likely to be measured. Nonetheless, the Committee will respond to changes in economic prospects as needed to fulfill its obligation to maintain price stability. “Voting for the FOMC monetary policy action were: Alan Greenspan, Chairman; Timothy F. Geithner, Vice Chairman; Ben S. Bernanke; Susan S. Bies; Roger W. Ferguson, Jr.; Edward M. Gramlich; Jack Guynn; Donald L. Kohn; Michael H. Moskow; Mark W. Olson; Anthony M. Santomero; and Gary H. Stern. “In a related action, the Board of Governors unanimously approved a 25-basis-point increase in the discount rate to 3-3/4 percent. In taking this action, the Board approved the requests submitted by the Boards of Directors of the Federal Reserve Banks of Boston, New York, Philadelphia, Cleveland, Richmond, Atlanta, Chicago, St. Louis, Minneapolis, and San Francisco.” How the Federal Reserves determines interest rate: http://www.usatoday.com/money/economy/fed/explainer.htm ----------------------------------------------------------------- Exclusive Interview: Randy Brook “On the Record” with the top FTC equipment leasing senior attorney Randy Brook, the senior attorney for the Federal Trade Commission (FTC) in the NorVergence leasing case does not believe new regulations are needed in the leasing industry. He finds the NorVergence matter an “aberration.” He believes the leasing industry itself has learned the hard way and will pay more attention to “dealer” or “vendor” leases in the future. “I don't think this is going to happen in this scale again, “ he said. “ The industry will change its policies as the cost of money to the lessors is great. This is a situation where no one wins.” It should be pointed out, in this “on the record” interview, this top federal attorney was speaking only his personal views. The Commissioners of the FTC have not taken any position on matters like the need for legislation, and only they speak for the official position of the Federal Trade Commission. Leasing News very much appreciates his personal opinion on this matter. Brook was the lead attorney also in the Leasecomm/Microfinancial case, which he says was different as it did not involve a “dealer” or “vendor” of equipment, but the leasing company itself. The FTC is actively pursuing all aspects of the case, viewing it in a civil manner, and any information that may come there way pointing to criminal activity, he says they turn over to the appropriate agency. “There may be action for the U.S. postal inspectors and various states have their own laws, plus other tax authorities, including the insurance commissions, may consider criminal activities, “he explained. “I assume they would take a hard look into matters . .. There is no time table to when the FTC will complete his investigation or whether his office will file a legal complaint. Brook says the main premise centers around the leasing companies “...in deciding to do business with NorVergence based on information provided by or available from NorVergence... the finance companies knew or should have known that NorVergence was primarily selling a discounted package of telecommunications services and the “Additionally, in receiving contracts from NorVergence where the total price might vary from $24,000 to $340,000 for the exact same $1,500 product, those finance companies knew or should have known that the contracts might have been part of a scheme to defraud consumers.” One of the misconceptions centers around the word “consumer.” Several states define a difference between “consumer law” and “commercial law.” Some states have telecommunications laws that also may figure into the equation, but the FTC has no distinction and protects all consumers, whether in business or not. “Our goal is to help all consumers, “ he said. “In the bankruptcy filings in New Jersey, NorVergence stated they had 11,000 equipment leases. The lessors demanded that payments continue, even though they stop received all services and appear to be stuck with a worthless $500 piece of equipment.” ----------------------------------------------------------------
NorVergence “Equipment Rental Agreement” Many readers have contacted us that they cannot find the NorVergence lease agreements that many of the state and federal courts are finding provisions unacceptable, including the “wholesale” right of venue of the assignee. For those interested in again seeing the actual “ERA,” http://leasingnews.org/PDF/NorVergence_Rental_aggreement.pdf ---------------------------------------------------------------- CCL and “Class Action” This is making the internet rounds and is therefore in “public domain.” “Dear Class Members: “Our revised motion schedule is as follows: “March 31st – Deposition of Michael Ambrosio, Professor of Law, Seton Hall University Law School, “Expert for the Plaintiffs. “April 15th – Motion Objecting to the CIT Notices of Settlement and Releases “May 10th – Motion for Partial Summary Judgment Seeking to Void Ab Initio the Equipment Rental “Agreements “Motion for Class Certification “In addition, attached please find a SMOKING GUN, a discovery document from CCL which clearly states that CCL was a “partner” of Norvergence. In fact, the document goes on to state that Norvergence will supply CCL $400,000 of leases a month for the first year of the agreement, and CCL will educate the Norvergence sales force on the benefits of leasing. It is clear from this document that there was a “close-connectedness” between Norvergence and the leasing companies, it was not an arm's length relationship and that they were not holders in due course. “I have requested that the over 40 law firms around the country that are part of the attorney network defending individual actions around the country request similar documents from all of the leasing companies they are in suit with. “In approximately two weeks, Class Counsel will have very important announcements regarding the strategy of the future litigation of the Class Action. We are near reaching critical mass on the merits of some of these issues, despite the fact that the leasing companies have yet to produce any documents that have been requested of them. They are still trying to stonewall, hoping to get out before we get to all the facts. The CCL document is certainly tantalizing evidence of what else may be out there. “The next 6 weeks will likely be critical to our success. “We will keep you apprised, as always. Michael S. Green Attorney for Plaintiffs Norvergence Class Action MICHAEL SCOTT GREEN, ESQ. On the web@: www.lawmsg.com www.medmal-advisor.com Leasing News had obtained this document earlier than included in the Michael Green letter: ----------------------------------------------------------------- ----------------------------------------------------------------- Questionnaire ---CPA “Lite” –Leasing Professional To perhaps help the CLP Board of Directors in making their decision, we would like to ask our readers how many are interested in becoming a Certified Leasing Professional? How many would be interested in becoming a different category, such as “Lease Professional?” Those who are not familiar with the program may want to visit ----------------------------------------------------------------- Classified Ads---Help Wanted Collection Attorney
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March 30th Lunch Meeting Eastern Equipment and Leasing Association Wednesday, March 30th 2005 Longfellows Wayside Inn Please register by March 25th at: For additional information and registration, please contact the EAEL office at 212-809-1602 ---------- April 1, 2005 UAEL Fresno Reg. Meeting Friday, April 1, 2005 ---------- April 5th Lunch Meeting Eastern Equipment and Leasing Association Tuesday, April 5th 2005 Charley's Crab Cleveland, Ohio Please register by April 1st. For additional information and registration, please contact the EAEL office at 212-809-1602 ---------------------------------------------------------
What Lessors Are Saying About…China ELTnews China's gross domestic product is among the fastest-growing in the world. As lessors turn their attention to the East, questions and concerns are being raised about the viability of this market for equipment leasing. Last November the Equipment Leasing Association conducted its second business development mission to China. According to the mission participants, China has undergone a significant transformation since the first 1987 ELA China mission. Moving to a market-based economy from a centrally-planned economy was just the first noticeable difference from the late 1980s. Yet, the mission delegates also discovered that the infrastructure to support a vibrant equipment leasing industry in China is still imperfect. James Beard, President of Caterpillar Financial Services Corporation says, “China is going to be a huge market, and is growing too fast and too big too ignore. But there are a host of issues to manage before we can call it a big leasing market.” These issues, says John Sabroske of John Deere Credit include (1) a lack of a reliable, uniform legal system, (2) a lack of credit information on prospective lessees, (3) a lack of proper financial statements on potential lessees, (4) difficulty in securing collateral, (5) high economic barriers to setting up a leasing company, although that is improving, and (5) unfavorable tax treatment for certain leases. These issues were raised frequently by the lessors ELT E-News spoke with. In fact, because of these issues, many foreign lessors have been discouraged from establishing operations in China. Yet, excitement continues to run high because the potential is real. So far, China has 39 foreign-funded leasing companies, with their volume of trade totaling nearly $1.6 billion in 2004. “It is going to be a huge market for the foreseeable future,” adds Beard. “And, they are hungry for financing.” Jonathan Fales of the Alta Group agrees: “Yes, China is going to be a big deal eventually. The key word there is eventually.” Sabroske adds, “Leasing will be big in the future in China but isn't now. The only way it makes sense from my perspective at the present time is if you're a captive and can use the structure to increase your equipment and product sales. As a stand-alone economic entity, I doubt that it makes sense.” The host of issues raised above boils down to one present weakness. While agreeing that it will be a big market, Philip Schultz of Key Equipment Finance, sums it up best: “The infrastructure still does not exist in China to support leasing as we know it.” Fales adds, “In western Europe and North America, you can write a lease and understand your risks and never meet the customer. Lots of metrics and credit history are available. In China you have none of that. Unless the deal is with a multinational you know very well or a large Chinese company, the risk you are taking is huge. You really need to know your customer in China in a way you might not get to know them in the West.” Joel Raven of GE Equipment Finance, adds, “The financial statements are not governed by any body of rules that provides transparency in financial statements. So you don't know what you are getting.” Alta's Fales says, “So, you need to get to know customers personally and be ‘on the street' with them. Meet the CEO, meet the Chairman and see how they are doing business.” “Also,” adds Raven, “the word leasing as we know of the term – as long term financial instruments – didn't exist in China until a few years ago. Know that a huge educational process needs to take place to local business owners as to what this really means from the standpoint of rights, responsibilities and obligations – the technical aspects. Coupled with a different legal system in China and the judicial system (which he points out are two separate systems) that are relatively undeveloped.” Raven continues, “The ability to enforce the lessee's obligation or repossess is not developed. If the lessee defaults in China, you have to be creative in how you work that account. You now have to try to make it work through restructuring or get equipment back and find a way to redeploy it.” But, most agree that things are changing. Irv Rothman, HP Financial Services, says “The regulatory environment is evolving. For one, a foreign owned company historically wasn't able to get a license to operate without a Chinese partner. But, that's changing. The Chinese are relaxing a lot of these regulatory barriers that have existed.” Other changes, Rothman notes, include draft legislation clarifying the rights and responsibility of lessors and lessees in order to “put more teeth into those default provisions,” he says. Schultz adds, “Issues are being corrected, and it makes sense to. As a country that is acquiring as much production capital as China is, one has to have a means to efficiently acquire capital. And, leasing has traditionally been able to serve that need well.” In fact, according to the Ministry of Commerce in Beijing, China is going to completely open its leasing industry to foreign investors in the near future. The ministry has recently published a new regulation for foreign investment in the leasing industry, amending the previous provisional regulation implemented in 2001. The regulation was to come into force on a trial basis this month. The moves were made to meet the timetable China pledged to the World Trade Organization. Still, doing business in China for some time will require acknowledging the multitude of cultural differences. “The cultural component is huge. For instance, they calculate interest by the flat interest method. It's not exponentially derived. There are thousands of little differences like that,” says Key's Schultz. He adds, “Also the Chinese see borrowing for your business as a fundamental weakness. They want to use cash. If they don't have money, they do without. The concept of reinvesting money into your business instead of spending it on equipment just doesn't exist. Historically, the concept of using an asset for a certain period of time, paying for its use and then not owning it, is a foreign concept to them.” Jonathan Fales of The Alta Group says, “That will change as the sons and daughters are adopting western thinking.” “And, you can't grow if you don't exploit points of leverage,” adds Rothman, underscoring China's cultural hurdles to overcome. In the meantime, brave souls are entering this ever-changing market. Schultz says leasing is not being “pushed” into China, but rather it is being “pulled in.” He says, “When you see the multinational companies in the China leasing industry, most are captives or serve vendor clients. The vendor clients or captive parents are what will drive our industry into China. They are following equipment sellers.” GE's Raven agrees that large captives and vendors will be the first successful entries into China leasing. But, still cautions that “lessors should expect the ramp-up in building a business in China to take longer than you expect.” And he notes that it is not just customers that need to be educated about leasing, but also “even the sales people have to be educated about what leasing does. Just to get them to talk about it is a hurdle to overcome sometimes.” Raven offers some words of wisdom: “Lessors will probably enter China and present how they do things. But, once inside, they will have to change. You simply have to adjust your expectations to realities of legal system, the financial system, the credit system, the judicial system and the cultural realities of what is and what isn't acceptable to a customer in China.” Schultz also encourages lessors to “be patient and get to know your customer in China. The opportunities are immense, but don't be fooled by the opportunities. Know what you are doing. Be careful and cautious.” But all agree that China, regardless of the myriad of hurdles, presents an irresistible opportunity. As ELA President Mike Fleming notes “Those companies that enter China now will be so far ahead of everybody else in five or 10 years that the costs of catching up will be dramatic.” Schultz says of the industry entering China, “We are not ahead of the curve or behind the curve. We're working on defining the curve and where it's going to go.” Rothman adds, “The Chinese economy is experiencing a tremendous amount of growth and modernization is happening. All of this will lead to a more worldly environment for commercial enterprise and that, of course, is where leasing will thrive.” Raven sums up, “China is not for the faint of heart. The sheer mass of opportunity over time can be blinding. But, if you don't get a toe hold today, your opportunities may go away from a mind share standpoint.” Note: This year, the Equipment Leasing and Finance Foundation will be funding a study that will take a pragmatic look at making the decision to conduct business in China. Please visit www.LeaseFoundation.org or watch for more information on this study in the Foundation's March 2005 newsletter, Foundation Forecasts. ------------------------------------------------------------------- Survey: 6% of Customers Switched to Another Bank US Banker Weekly A new Financial Insights survey reveals that 60 percent of respondents fear ID theft and that six percent had already switched banks to avoid becoming a victim. However, not all consumers worry about the issue in the same way. Recent high-profile incidents of customer data theft at Bank of America, ChoicePoint, and LexisNexis may drive bank customers to worry further about experiencing identity theft. Many customers instead take precautions, such as shredding personal financial data, and using on-line virus protection for on-line banking. ------------------------------------------------------------------- Jim Coston on Amtrak http://www.leasingnews.org/PDF/TransportationLaw.pdf James E. Coston ------------------------------------------------------------------- #### Press Release ###################### Willis Lease Finance Reports Full Year 2004 Profit of $3.9 Million SAUSALITO, Calif.-----Willis Lease Finance Corporation (NASDAQ:WLFC), a leading lessor of commercial jet engines, today reported net income increased to $1.5 million, or $0.16 per diluted share, in the fourth quarter compared to $1.4 million, or $0.16 per diluted share, in the fourth quarter of 2003. For the full year 2004, the company earned $3.9 million, or $0.42 per diluted share, compared to $4.2 million, or $0.47 per diluted share, for 2003. Current Market "While I am pleased with how we handled the challenges we faced in 2004, we still have a way to go to reach a more acceptable level of profitability," said Charles F. Willis, President and CEO. "In 2005, we need to work hard to increase our revenue through higher utilization, growth of the portfolio and fee-based services. Engine leasing continues to be a good alternative for improving industry capital allocation and asset management, fueling demand for our equipment." "In 2004, we found several opportunities to expand our portfolio and lay the groundwork for future growth," Willis continued. "We agreed to buy five brand new jet engines for approximately $35 million. Usually when we buy new equipment, it is in a purchase/leaseback arrangement; however, we were able to negotiate very attractive terms and have already taken delivery of four of these engines. We renewed our revolving credit facility and expanded it by more than $23 million to $148.5 million with a diverse syndicate of global banks, which included five new participant banks. We expanded our engine-sharing program with a second pooling agreement with several Chinese airlines. The two Chinese engine-sharing agreements cover the CFM 56-3C1 and the CFM56-7B engines, two of the most popular engines in the market today. We also expanded our fee based third-party lease placement service, which generated more than $500,000 in incremental revenues in 2004. This program allows us to leverage our relationships in the market, and generate additional revenues without additional investments in assets. These initiatives are critically important to the long-term success of our business." Results from Operations "Strong demand for leased engines from maintenance, repair and overhaul (MRO) shops, plus strong demand from airlines flying older aircraft types like B737 Classics and MD-80's helped boost average utilization during 2004," said Donald A. Nunemaker, Chief Operating Officer. "Average utilization in 2004 improved to 89% from 87% in 2003 and 82% in 2002. At December 31, 2004 our utilization rate was 86%, and at February 28, 2005, it had increased to 88%. Included in the utilization rate calculation are the engines we purchased new --one in 3Q04, two in 4Q04 and one in 1Q05 -- none of which have yet been leased. If these new engines are eliminated from the utilization rate calculation, we would have ended up at 89% on December 31, 2004 and 93% at February 28, 2005." Lease revenue in 2004 was up 2% to $58.2 million compared to $57.0 million in 2003. The comparison this year was affected by $670,000 of security deposits added to lease revenue in the second quarter of 2003 from a customer that went out of business in 2001. Fourth quarter lease revenue increased 5% to $15.1 million compared to $14.4 million in the fourth quarter a year ago. Sales of equipment generated a net gain of $1.9 million in the fourth quarter and $3.1 million in 2004, compared to $1.3 million and $2.4 million in the respective periods of 2003. Other income totaled $141,000 in the fourth quarter and $677,000 in 2004, compared to $272,000 and $520,000 in the respective periods of 2003. Operating expenses in 2004 increased 5% to $56.6 million from $54.0 million a year ago. In the fourth quarter of 2004, total operating expenses increased 7% to $15.1 million from $14.1 million in the fourth quarter of 2003. Depreciation, the largest single expense, increased 7% in 2004 and 6% in the fourth quarter compared to the same periods last year. "At the end of 2003 and during 2004, we implemented changes in estimates of useful lives and residual values on certain older engine types, which increased the depreciation on those engines," noted Monica J. Burke, Chief Financial Officer. Write-downs of equipment in 2004 totaled $577,000 compared to $1.3 million in 2003. General & administrative expense increased 7% in 2004 to $14.8 million compared to $13.9 million a year ago, due to higher legal and accounting, engine-related maintenance and inspection costs, insurance and travel expenses. Reflecting the general rise in interest rates, net finance costs rose 5% in 2004 to $18.0 million compared to $17.2 million in 2003. "Most of our debt is tied to LIBOR, which almost doubled this year, and lease rates do not adjust as quickly as our floating rate debt. Our hedging strategy is providing some protection from upward movement in finance costs," Burke added. Balance Sheet At December 31, 2004, the company had 115 commercial jet engines, 3 aircraft parts packages, 5 aircraft and other engine-related equipment in its lease portfolio with a net book value of $511.4 million, compared to 119 commercial jet engines, 4 aircraft parts packages, 7 aircraft and other engine-related equipment in its lease portfolio with a net book value of $505.0 million at December 31, 2003. Total assets increased 5% to $585.5 million at December 31, 2004, compared to $560.0 million a year ago. Shareholders' equity increased 6% to $116.5 million, or $12.94 per common share, compared to $110.1 million, or $12.44 per common share, at December 31, 2003. During 2004, the company expanded one of its primary revolving credit facilities, bringing the total facility to $148.5 million. The company had approximately $31.5 million of availability under its credit facilities at December 31, 2004 compared to approximately $30.0 million a year ago. The company's funded debt to equity ratio was 3.18 to 1 at December 31, 2004, compared to 3.29 to 1 at the end of last year. Restricted and unrestricted cash and cash equivalents was $51.9 million at December 31, 2004, compared to $43.0 million at December 31, 2003. About Willis Lease Finance Willis Lease Finance Corporation leases spare commercial aircraft engines, rotable parts and aircraft to commercial airlines, aircraft engine manufacturers and overhaul/repair facilities worldwide. These leasing activities are integrated with the purchase and resale of used and refurbished commercial aircraft engines. ### Press Release ###################### ----------------------------------------------------------------
News Briefs---- Oracle Quarterly Profit Falls 15 Percent Bankruptcy reform: It'll get worse before it gets better ----------------------------------------------------------------- Sports Briefs---- Somber Bonds, citing media, says he may not play this season Jury finds Romanowski liable Rockets Defeat Heat 84 – 82 Holmgren says he was ready to go ----------------------------------------------------------------- “Gimme that Wine” Dry weather leads Oregon vintners to turn to unconventional tricks To a Wine Auction, Thirsty for Bargains ----------------------------------------------------------------- This Day in American History 1775- Anniversary of Patrick Henry's speech for arming the Virginia militia at St. Johns Church, Richmond, Virginia. He was addressing the second Virginia convention, and delivered his immortal speech against arbitrary British rule, “I know not what course others may take, but as for me, give me liberty or give me death.” Ironically, history has made this the best known, but from a contemporary journal, his most famous remark at the time, the one most repeated, occurred when he uttered: NCAA Basketball Champions This Date 1948 Kentucky --------------------------------------------------------------- Baseball Poem Baseball Season to Begin by Erif Forgaard T oday I share a snow-dusted lawn a season removed from the shy promise of spring Today we're having the game of catch we never had Back and forth amid the rustle of pines Back and forth Perhaps winter is not the time for this but this morning beneath the cool gray | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
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