Our Practices

Equipment Leasing and Finance

Capital-intensive industries such as transportation, construction, technology and software depend upon the ability to efficiently finance equipment and services. We focus on understanding our clients’ businesses and providing timely and efficient support. Our lawyers regularly assist banks, equipment operators, independent leasing companies, funds, captive finance companies, manufacturers, vendors, dealers, distributors and lessees.

We work closely with our clients to structure equipment transactions, such as the following, that meet their specific needs:

  • Large-ticket, middle-market and small-ticket lease documentation
  • Equipment finance agreements, off-balance sheet loans and synthetic leases, TRAC leases
  • Global vendor programs and private label programs
  • Lender financing programs including warehouse lines of credit, CP conduit transactions, securitizations and other credit facilities for lessors
  • Lease syndication and participation programs, lease portfolio acquisitions and asset-backed transactions
  • Remarketing arrangements, progress payment, inventory and receivables financing
  • Bundled equipment solutions (combining leases with software licensing and service agreements)
  • Credit enhancements, letters of credit, guaranties, insurance policies and controlled accounts
  • Creation of titling trusts, and master lease documents
  • Specialty lending including vessel financing, inland marine, commercial aircraft and general aviation, rail and rolling stock, vehicle and fleet leasing

We prepare forms, multi-state surveys and other documentation for our clients, and advise them on regulatory, tax and policy matters affecting the leasing and equipment finance industry.

Our professionals also advise clients on the bundling of equipment and service-related items, regularly structuring and preparing global outsource facilities for lifecycle hardware and software financing, maintenance and service, as well as technology-transfer arrangements, joint venture, and other strategic alliance agreements. We work with the financing, equipment, software and servicing partners in transactions to create a comprehensive solution to an end user’s needs.

Our equipment finance team represents clients in the lease and loan syndication market and the acquisition of equipment leasing and finance operations. We regularly counsel funding sources in connection with secured loans and other investments in equipment in conjunction with specialty finance companies. Our lawyers conduct legal due diligence and structure, prepare and document portfolio purchases and asset-backed securitization transactions, including rendering "true sale” and non-consolidation opinion letters.

Our attorney team has extensive experience in a range of industry sectors, including:

  • Transportation
  • Life Sciences
  • Construction
  • Health Care and Institutions
  • Technology
  • Financial Institutions
  • International Transactions 

Representative matters handled by our attorneys:

  • Municipal and government equipment lease and finance form documentation for several bank leasing affiliates
  • Model commercial equipment and vehicle lease documentation for bank-owned leasing affiliates and independent lessors
  • Multi-state surveys on a range of equipment and vehicle leasing issues for bank-owned leasing affiliates and lessors
  • Model documentation for captive finance entities for bundled financing and business-process solutions
  • Model documentation for lender-financed syndicated loans to BDC’s, leasing and specialty-finance companies