Mike Caringi, owner of a small New Jersey business that sells pumps, found himself facing a gut-wrenching dilemma last summer. Should he continue paying $ 1,500 each month for essential telecommunications services he no longer receives and for leased equipment he claims was never installed? Or, should he stop making payments and face a potential lawsuit from the firm that financed the equipment under a 'hell or high water' lease? Mr. Caringi's company is one of several thousand small companies around the country reeling from the bankruptcy of Norvergence, a reseller of telecommunications and Internet services. At the core of the quagmire facing Mr. Caringi and others is that Norvergence succeeded in getting customers to sign separate lease and service contracts that provided its services.
When Norvergence abruptly shut its doors, it left thousands of its customers scrambling to replace telephone and Internet services while they were obligated to shell out over $ 200 million in lease payments to Wells Fargo Financial, CIT and 30 other leasing companies over the next five years.
How can you protect your company from being victimized in a similar situation? Certainly, most transactions involving equipment leased in connection with a related service carry some degree of risk. You can reduce that risk by taking certain precautions. First, where possible, avoid leasing equipment when the equipment is proprietary to a service. The chances are that you will be stuck with the equipment if the service provider fails. Make sure that the leased equipment has an underlying value that justifies the lease. By doing a present value calculation of all payments owed under the lease agreement and comparing that value to the fair market value of the equipment, you can see whether the lease value is reasonable.
Check to see whether the equipment is used by similar service providers, in case you need to switch services. Finally, make sure you can resell the leased equipment in the after-market, if necessary. As a last resort, you may be able to cut your losses by having the ability to buy-out the equipment from the leasing company to be resold to someone else.
Perhaps, one of the best protections against getting stuck with service-related leased equipment is to thoroughly evaluate the service provider before proceeding. Make sure the service provider is financially sound and has a long track record of providing excellent service. If possible, ask for and review financial information on the service provider. Do an Internet news search to make sure there are no troubling stories about the service provider. Be partial to services that offer equipment under contracts that tie service and use of the equipment together, such that your obligation to pay is conditioned on the service being provided.
Lastly, since these transactions always carry some risk, make sure that an abrupt interruption in the service will not have a material negative impact on your company or cause financial hardship.
George Parker is a Director and Executive Vice President of Leasing Technologies International, Inc. ("LTI"), responsible for LTI's marketing and financing efforts. A co-founder of LTI, Mr. Parker has been involved in secured lending and equipment financing for over twenty years. Mr. Parker is an industry leader, frequent panelist and author of several articles pertaining to equipment financing.
Headquartered in Wilton, CT, LTI is a leasing firm specializing nationally in direct equipment financing and vendor leasing programs for emerging growth and later-stage, venture capital backed companies. More information about LTI is available at http://www.ltileasing.com.
Craig Berman beamed noticeably after completing his board presentation. Berman,... Read More
Some people choose to lease a car rather than buying... Read More
In the last article we looked at a few of... Read More
According to the Equipment Leasing Association ("ELA"), U.S. businesses lease... Read More
Leasing has become a preferred form of equipment financing, accounting... Read More
In her third Harry Potter novel, ?The Prisoner of Azkaban?,... Read More
So, you've decided that you want to lease that next... Read More
Mike Caringi, owner of a small New Jersey business that... Read More
Every year, thousands of business owners and financial managers are... Read More
Most great generals know how to design winning battle plans.... Read More
The rise of venture leasing and lending has created an... Read More
According to the Equipment Leasing Association ("ELA"), U.S. businesses lease... Read More
You, Mr. Landlord are pleased to find qualified tenants for... Read More
For business owners who need working capital now there is... Read More
The residual income from owning rental properties may bring more... Read More
Rod McHenry, the financial vice president of a document imaging... Read More
In today's rapidly changing business environment it makes sense to... Read More
Every real estate investor dealing in rental homes has done... Read More
Leasing is a perfectly viable and legitimate way to finance... Read More
If you have an investment property, should you rent it... Read More
What exactly is a contract?By definition, a contract is an... Read More
Working with tenants can be an amazing experience. (Owners and... Read More
Recently there was an article in the Houston Business Journal... Read More
Car leasing is extremely popular because it provides an attractive... Read More
Each year venture capitalists fund more than 2,500 start-up companies... Read More
"If it can be manufactured, it can be leased." For... Read More
In 2003, venture capitalists and investors dispensed over $18 billion... Read More
When you see the phrase "joint and several" in a... Read More
How do you fix a price point for an apartment?... Read More
According to Pricewaterhouse Coopers, investment by institutional venture capitalists in... Read More
Many lessees enter into lease transactions that they believe are... Read More
In the last article we looked at a few of... Read More
You, Mr. Landlord are pleased to find qualified tenants for... Read More
Many lessees enter into lease transactions that they believe are... Read More
According to the Equipment Leasing Association ("ELA"), U.S. businesses lease... Read More
Leasing has become a preferred form of equipment financing, accounting... Read More
According to Pricewaterhouse Coopers, investment by institutional venture capitalists in... Read More
"If it can be manufactured, it can be leased." For... Read More
Every year, thousands of business owners and financial managers are... Read More
Recently there was an article in the Houston Business Journal... Read More
The residual income from owning rental properties may bring more... Read More
Leasing is a perfectly viable and legitimate way to finance... Read More
In 2003, venture capitalists and investors dispensed over $18 billion... Read More
If you have an investment property, should you rent it... Read More
Most great generals know how to design winning battle plans.... Read More
Craig Berman beamed noticeably after completing his board presentation. Berman,... Read More
For business owners who need working capital now there is... Read More
Mike Caringi, owner of a small New Jersey business that... Read More
In her third Harry Potter novel, ?The Prisoner of Azkaban?,... Read More
In today's rapidly changing business environment it makes sense to... Read More
So, you've decided that you want to lease that next... Read More
Every real estate investor dealing in rental homes has done... Read More
When you see the phrase "joint and several" in a... Read More
How do you fix a price point for an apartment?... Read More
Each year venture capitalists fund more than 2,500 start-up companies... Read More
Some people choose to lease a car rather than buying... Read More
Working with tenants can be an amazing experience. (Owners and... Read More
According to the Equipment Leasing Association ("ELA"), U.S. businesses lease... Read More
What exactly is a contract?By definition, a contract is an... Read More
The rise of venture leasing and lending has created an... Read More
Car leasing is extremely popular because it provides an attractive... Read More
Rod McHenry, the financial vice president of a document imaging... Read More
Leases & Leasing |