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We hope
this list helps you to learn about leasing and financing.
If you have further questions about these terms, please contact
our Sales Representatives.
ALTERNATIVE
MINIMUM TAX (AMT) An alternative, separate tax calculation
based on the taxpayer’s regular taxable income, increased
by the taxpayer’s preferences for the year. The resulting
amount is called the alternative minimum taxable income (AMTI).
After certain exemption and offsets, the taxpayer determines
its AMT and is required to pay the larger of the regular tax
or alternative minimum tax. Among the preferences that can
increase the tax payer’s AMTI is the accelerated portion of
depreciation, thereby making it more likely that a taxpayer
that purchases equipment outright may be subject to the AMT rather than
to regular tax.
BARGAIN
PURCHASE OPTION A lease provision allowing the lessee,
at its option, to purchase the equipment for a price predetermined
at lease inception, that is substantially lower than the expected
fair market value at the date the option can be exercised.
BIG-TICKET
A market segment, generally dominated by leveraged leases,
represented by lease financings over $2 million.
BROKER
A company or person who arranges, for a fee, transactions
between customers, vendors and funding sources.
CAPITAL
LEASE Type of lease classified and accounted for
by a lessee as a purchase and by the lessor as a sale or financing,
if it meets any one of the following criteria: (a) the lessor
transfers ownership to the lessee at the end of the lease
term; (b) the lease contains an option to purchase the asset
at a bargain price; (c) the lease term is equal to 75 percent
or more of the estimated economic life of the property (exceptions
for used property leased toward the end of its useful life);
or (d) the present value of minimum lease rental payment is
equal to 90 percent or more of the fair market value of the
leased asset less related investment tax credits retained
by the lessor. (Also see finance lease.)
CERTIFICATE
OF ACCEPTANCE (Delivery and Acceptance) A document
whereby the lessee/debtor acknowledges that the equipment
has been delivered, is acceptable, has been manufactured
or constructed according to specifications, and is
operational.
CREDITOR The party to a finance agreement who has a
security interest to the equipment for the term of the
contract, and is entitled to the monthly payments.
DEBTOR The owner and user of the equipment that is
being financed and required to make monthly payments.
DIRECT
FINANCING LEASE (Direct Lease) A non-leveraged lease
by a lessor (not a manufacturer or dealer) in which the lease
meets any of the definitional criteria of a capital lease,
plus certain additional criteria.
ECONOMIC
LIFE (Useful Life) The period of time during which
an asset will have economic value and be usable.
EFFECTIVE
LEASE RATE The effective rate (to the lessee) of
cash flows resulting from of lease transaction. To compare
this rate with a loan interest rate, a company must include
in the cash flows any effect the transactions have on federal
tax liabilities.
EQUIPMENT FINANCE AGREEMENT (EFA) The
EFA is in actuality a loan to the customer (debtor) using
the equipment asset as collateral. The debtor usually pays
for the equipment and takes all the ownership benefits and
responsibilities. The creditor (usually Pacifica Capital)
reimburses the debtor for the equipment and collects the
monthly payments. The creditor holds a security interest in
the equipment until the loan is paid in full.
EQUIPMENT
SCHEDULE A document that describes in detail the
equipment being leased. It may also state the lease term,
vendor, commencement
date, repayment schedule and location of the equipment.
FAIR
MARKET PURCHASE OPTION An option to purchase leased
property at the end of the lease term at its then fair market
value. The lessor does not have the ability to retain title
to the equipment if the lessee chooses to exercise the purchase
option.
FINANCE
LEASE (See Single Investor Lease) Typically, a finance
lease is a full-payout, non-cancelable agreement, in which
the lessee is responsible for maintenance, taxes, and insurance.
FULL
PAYOUT LEASE A lease in which the lessor recovers,
through the lease payments, all costs incurred in the lease
plus and acceptable rate of return, without any reliance upon
the leased equipment’s future residual value.
HELL-OR-HIGH-WATER
CLAUSE A clause in an agreement that reiterates the unconditional
obligation of the lessee/debtor to pay rent or make payments for the entire term, regardless of any event affecting the equipment
or any change in the circumstances of the agreement.
LEASE
A contract in which one part conveys the use of an asset to
another party for a specific period of time at a predetermined
rate.
LEASE
RATE (Rental Payment) The periodic rental payment
to a lessor for the use of assets. Others may define lease
rate as the implicit interest rate in minimum lease payments.
LESSEE
The user of the equipment being leased.
LESSOR
The party to a lease agreement who has legal or tax title
to the equipment for the lease term, and is entitled to the
rentals.
LEVERAGED
LEASE In this type of lease, the lessor provides
an equity portion (usually 20 to 40 percent) of the equipment
cost and other lenders provide the balance on a non-recourse debt
basis. The lessor receives the tax benefits of ownership.
MIDDLE
MARKET A market segment generally represented by
financings under $2 million and dominated by single investor
leases.
NET
LEASE A lease wherein payments to the lessor do not
include insurance and maintenance, which are paid separately
by the lessee.
OPEN-END
LEASE A conditional sale lease in which the lessee
guarantees that the lessor will realize a minimum value from
the sale of the asset at the end of the lease.
OPERATING
LEASE Any lease that is not a capital lease. These
are generally used for short term leases of equipment. The
lessee can acquire the use of equipment for normally just a
portion
of the useful life of the asset. Additional services such
as maintenance and insurance may be provided by the lessor.
PACKAGER
The leasing company, investment banker, or broker who arranges
a leverage lease.
PRESENT
VALUE The current equivalent of payments or a stream
of payments to be received at various times in the future.
The present value will vary with the discount interest factor
applied to future payments.
PUT
OPTION The requirement to purchase equipment at a
particular time and at a predetermined price. In a lease transaction,
this is a lessor’s right to force the lessee (or some third
party) to purchase the equipment at the end of the lease term.
IRS guidelines prohibit put options in tax-oriented leases.
RESIDUAL
VALUE The value of an asset at the conclusion of
a lease.
SALE-LEASEBACK
An arrangement whereby equipment is purchased by a lessor
from the company owning and using it. The lessor then becomes
the owner and leases it back to the original owner, who continues
to use the equipment.
SINGLE
INVESTOR LEASE (See Full Payout of Finance Lease)
A tax-oriented lease whereby the lessor achieves its desired
rate of return via a combination of the rental payments, depreciation,
and the fair market value of the equipment at the end of the
original lease term. Because of the value of the tax benefit,
the rental payments will be lower than for a finance lease.
TAX
LEASE A lease wherein the lessor recognizes the tax
incentives provided by the tax laws for investment and ownership
of equipment. Generally, the lease rate factor on tax leases
is reduced to reflect the lessor’s recognition of this tax
incentive.
TRAC
LEASE A tax-oriented lease of motor vehicles or trailers
that contains a terminal rental adjustment clause and otherwise
complies with the requirements of the tax laws.
TRUE
LEASE A type of transaction that qualifies as a lease
under the Internal Revenue Code. It allows the lessor to claim
ownership and the lessee to claim rental payment as tax deductions.
TRUSTEE
A bank or trust company that holds title to or a security
interest in leased property for the benefit of the lessee,
lessor, and/or creditors of the lessor. A leveraged lease
often has two trustees: an owner trustee and an indenture
trustee.
VENDOR
LEASING A working relationship between a financing
source and a vendor to provide financing to stimulate the
vendor’s sales. The financing source offers leases or conditional
sales contracts to the vendor’s customers. The vendor leasing
firm substitutes as the captive finance company of a manufacturer
or distributor through the extension of leasing to customers,
provisions for credit checking, and performance of collections
and operational administration. Also known as lease asset
servicing or vendor programs.
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