Equipment Finance

Ober|Kaler enjoys a national reputation in the equipment finance area and serves as general or transactional counsel for a number of major national equipment finance companies and financial institutions. Our Finance Group attorneys are regularly involved in single-investor lease, leveraged lease and syndicated transactions for lessors, equity participants, debt participants, and indenture or owner trustees.

We regularly assist clients in publicly or privately funded transactions involving transportation, construction, manufacturing and computer equipment, facilities and manufacturing plants.

We structure and document transactions involving public and private debt, true or tax-motivated leases, TRAC and split-TRAC leases of vehicles, leases for security, and synthetic and other structured financings. We represent the interests of lessees, loan participants, and owner and security trustees in leveraged lease transactions.

Our equipment finance capabilities include:

• Single-Investor Leasing
  • Corporate aircraft
  • Rail cars 
  • Manufacturing equipment
  • Medical equipment
  • Store fixtures
  • Construction and mining equipment
  • Modular storage facilities
  • Assembly line equipment
  • Computer systems and high-technology equipment
• Leveraged Leasing
  • Equity and multiple equity participant counsel
  • Lessor/lessee flexibility points
  • Debt/equity issues
  • Transportation equipment
  • Facility financings –cogeneration facilities, fuel facilities and manufacturing plants
• Standard Form Documentation
  • Develop and revise standard form documentation
  • Monitor changes in commercial, bankruptcy, environmental, tax and other laws affecting the equipment finance industry
  • Monitor federal and state legislation regarding environmental and federal bankruptcy issues pertinent to equipment finance
• Syndication
  • Handle syndicating and/or brokering of equipment lease and loan transactions
  • Develop standard form participation/assignment/syndication documents, including those in which clients retain fiscal agency obligations including “perfect pay” arrangements
  • Develop motor vehicle titling trusts to facilitate syndication
  • Develop master aircraft trusts to facilitate syndication
  • Help in the acquisition and disposition of portfolios, including continued servicing for the purchaser
  • Develop remarketing arrangements for portfolio purchasers and lease transaction participants
• Back-Leveraging
  • Represent lenders and limited recourse borrowers in the back-leveraging of equipment finance transactions
  • Develop standard form limited recourse loan and related security documents

Ober|Kaler is a longstanding and active associate member of the Equipment Leasing and Finance Association (ELFA). We are frequent presenters at ELFA annual conventions, legal forums, regional meetings and seminars. Our attorneys’ articles are frequently featured in the ELFA Journal of Equipment Lease Financing and LJN’s Equipment Leasing Newsletter. We have also authored chapters in Matthew Bender's Equipment Leasing and Commercial Finance Guide and are contributors to The Monitor.

Our Finance Group attorneys are also called upon to write and speak on general commercial issues including Article 2A and Revised Article 9 of the UCC, documentation issues, syndication, debt/equity and environmental risks, bankruptcy concerns, insurance as it affects equipment lessors, and marine and aircraft financing.