Equipment Leasing is a practical reference for financial managers who need background information, and an understanding of how leasing can be utilized as a cost-effective means of equipment financing-especially under the new tax law in the United States. It explores various types of leases, including single investor leases, leveraged leases, tax requirements for true leases' and lease-buy economic analysis. This invaluable resource includes the background and basics of equipment leasing, history of leasing, synthetic leases, financial reporting of lease transactions by lessees, operating a leasing company, and much more.
Familiarity with guarantees and how they function under various national jurisdictions are essential for principals, guarantors, and beneficiaries of international contracts. This enormously useful handbook provides a practical overview of the guarantee regimes in twenty-eight European countries, with country-by-country contributions from regional expert practitioners and academics. For easy comparison, each country report follows the same structure, from preliminary discussion on the provisions of a guarantee to its negotiation, drafting, and enforcement. Focusing on specific issues to consider at every stage, each chapter provides detailed information and guidance on such aspects as the following: . who can issue guarantees; . limitations as to the type of obligations which may be subject to a guarantee; . issues relating to the protection of the contracting parties; . formal requirements which need to be complied with; . stamp duties or other tax payable; . presence of implied terms; . legal framework applicable to joint and several obligations; . modification of the situation; . conditions for release and actions to be taken to ensure a valid release; . opening of bankruptcy proceedings against the principal; . court enforcement; and . incorporation of uniform rules. Each chapter includes references and model guarantee forms that readers can use to draft their own documents. Invaluable to corporate counsel and law firms with an international practice, this peerless handbook will prove the first order of business in trade negotiations across Europe, among European nations themselves as well as with their global partners.
Financing an independent feature film production is a highly complex process. This book demystifies the legal and commercial implications of a film from start to finish. It provides a detailed survey of each of the processes and players involved, and analyses of the legal and commercial issues faced by all of the participants in a film financing transaction. Packed with legal advice and straight forward explanations this is an essential reference for filmmakers worldwide. With contributions from leading professionals around the world, and an up-to-date international approach, this is an invaluable tool for producers, and others involved in the film industry. Includes: Case studies, Sample Recoupment Schedules, Alternative Financing Models, Glossary of Film Financing and Banking Terms Philip Alberstat is a media finance and production lawyer specialising in film, television and broadcasting. He has worked on films such as The 51st State, Goodbye Mr Steadman, Tooth and numerous television programmes and series. He is on the editorial board of Entertainment Law Review and is the author of The Independent Producers Guide to Film and TV Contracts (2000), and Law and the Media (2002). Philip is involved in raising finance for film and television productions and negotiating and structuring film and television deals. He undertakes corporate and commercial work and handles the intellectual property aspects of broadcasting and finance transactions. He has also executive produced numerous film and television productions. He won an Emmy Award in 2004 as an Executive Producer of the Film, "The Incredible Mrs. Ritchie". Philip joined Osborne Clarke as a partner in February 2002. Prior to that he was Head of Legal and Business Affairs with one of the largest independent TV production companies in the UK. He was previously Head of Media at Baker & McKenzie and began his career at Olswang. He was winner of the Lawyer/Hifal Award for Solicitor of the year in 1997 and is listed in Legal Experts in the area of Film Finance/Media.
Ship Sale and Purchase is the essential working guide for anyone involved in the business of making ship sale and purchase agreements and also in the resolution of disputes arising out of such agreements. The seventh edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of SHIPSALE 22, the new standard form Memorandum of Agreement for ship sales and purchases published by BIMCO in 2022. This clause-by-clause analysis is supplemented by commentary on the corresponding provisions of the other leading standard forms used in the global shipping markets - SALEFORM 2012 (the latest version of the longstanding standard form produced by the Norwegian Shipbrokers' Association), SINGAPORE SHIP SALE FORM 2011 and NIPPONSALE 1999 - and the main differences between these forms and SHIPSALE 22. This edition of Ship Sale and Purchase also contains a comprehensive description of the many ways in which standard form agreements may be modified, through amendments to the printed terms and the use of additional clauses, to suit the particular requirements of the parties to individual transactions. In addition, it analyses relevant decisions of the English courts and arbitration tribunals and explains the implications of these decisions for ship sale and purchase transactions. The seventh edition also includes commentary on changes in working practices such as the use of electronic signatures, the practice of "remote" closings, payment mechanisms and the impact of sanctions and anti-corruption legislation. As with previous editions, the seventh edition of Ship Sale and Purchase seeks to provide legal analysis, market insight and practical guidance for all those involved in the business of buying and selling second-hand ships.
Shortlisted for the DSBA Law Book of the Year Award 2020 Please note: In order to fully cover the many changes and developments since the first publication of Banking and Security in Ireland, the content has been massively extended. This means that this new edition is split into two titles: Banking and Security in Ireland by William Johnston and Consumer and SME Credit Law in Ireland by Nora Beausang. Both titles are available to purchase now. The long-awaited new edition of Banking and Security Law in Ireland provides a comprehensive update on the law in practice and the pitfalls involved in taking security over land, machinery, agricultural assets, shares, debts, deposits and their registration. This new edition covers the many changes in the 22 years since its first publication. It includes updated case law and legislation (including the new Companies Act) governing the relationship of banker and customer, bank confidentiality, facility letters, payment demands, appointment of receivers and the avoidance of guarantees and security including undue influence case law. (1) Execution including virtual execution and delivery of agreements (2) Impact of waiver of CPs for guarantors of loans, limited recourse loans, covenants and shadow directors, material adverse change clauses and transfers of loans (3) Extensive case law on guarantees and their enforceability over the past 10 years (4) New financial assistance approval procedures brought about by the 2014 Companies Act - commercial benefit in the giving of financial assistance, examinerships and guarantees and independent advice (5) An extensive chapter on security over land dealing with the 2009 Conveyancing Act applicable to charges and what may be excluded, the enforcement of security whether or not registered in the Land Registry as well as collating the many Law Society Practice notes and Regulations particularly on the conflicts of interest and High Court decisions on solicitors' undertakings (6) Updated security treatment on other assets as well as coverage of the EU financial collateral arrangements and the beneficial ownership regulations applicable to security over shares (7) Practical advice on the new registration of security under the Companies Act and the different ways of filing in the CRO as well as priority of security (8) A new chapter on making demands on borrowers and guarantors and the manner of appointing receivers covering also extensive new cases on proving debt and dealing with redacted documents being used by assignees to enforce security. This book's practical style is designed to assist bankers, practising lawyers and compliance professionals in the application of the ever-increasing and complex law of banking and security. Much of the content cannot be found in any other publication. An essential addition to the library of every practitioner and compliance professional in the banking area.
Do alliances curb efforts by states to develop nuclear weapons? Atomic Assurance looks at what makes alliances sufficiently credible to prevent nuclear proliferation; how alliances can break down and so encourage nuclear proliferation; and whether security guarantors like the United States can use alliance ties to end the nuclear efforts of their allies. Alexander Lanoszka finds that military alliances are less useful in preventing allies from acquiring nuclear weapons than conventional wisdom suggests. Through intensive case studies of West Germany, Japan, and South Korea, as well as a series of smaller cases on Great Britain, France, Norway, Australia, and Taiwan, Atomic Assurance shows that it is easier to prevent an ally from initiating a nuclear program than to stop an ally that has already started one; in-theater conventional forces are crucial in making American nuclear guarantees credible; the American coercion of allies who started, or were tempted to start, a nuclear weapons program has played less of a role in forestalling nuclear proliferation than analysts have assumed; and the economic or technological reliance of a security-dependent ally on the United States works better to reverse or to halt that ally's nuclear bid than anything else. Crossing diplomatic history, international relations, foreign policy, grand strategy, and nuclear strategy, Lanoszka's book reworks our understanding of the power and importance of alliances in stopping nuclear proliferation.
Real Estate Financing contains over 40 deal-specific forms and checklists online, covering everything from complex loan workouts to simple residential closings. The forms include information about each term and how it can be modified, with separate variations for lenders, borrowers or other parties. A "Data Input Sheet" lets you use the forms with widely available software and can serve as a "term sheet" for the transaction. The accompanying volume provides explanations of the issues along with the guidance you need to draft working documents quickly. Real Estate Financing includes: checklists for loan modifications; wraparound mortgage loans; subordinations; loans secured by condos, co-ops and time shares; sale-leasebacks; contingent interests; securitizations; deeds in lieu and consensual foreclosures; participations; installment sales; sales of mortgage loans; and much more. The checklists highlight "deal" terms, flag risks and hot issues, and direct users, through cross-references, to alternative approaches and analysis. Standards issued by ratings agencies for securitized loans are discussed in detail, as are the EPA and ASTM standards for Phase I environmental reports and the best Web sites for forms and drafting requirements. Book ΙΏ looseleaf, one volume, 1,550 pages; published in 1997, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-076-0.
Structuring Commercial Real Estate Workouts: Alternatives to Bankruptcy and Foreclosure, Second Edition presents a concise introduction to the legal and business considerations involved in real estate loan workouts. It is designed to aid lenders, borrowers and their legal counsel in confronting the variety of issues encountered in working out an acceptable solution to the dilemma posed by a loan in default. The parties associated with a defaulting loan face a number of potential pitfalls, ranging from imminent insolvency of the borrower (and the diminution in value or loss of a lender's security interest) to draconian penalties incurred through liability for environmental hazards present on the property. Structuring Commercial Real Estate Workouts introduces the varied issues, discusses the limitations and advantages of foreclosure and other remedies, and presents suggestions for guiding potential alternative courses of action. The Second Edition features extensive coverage of environmental liabilities that may arise under federal statutes and regulations such as RCRA and CERCLA and how lenders can avoid or minimize these liabilities. A new chapter has been added on the state mini-RCRAs and CERCLAs, necessitated by the growing importance of state environmental laws to real estate financing. A detailed discussion is presented on the laws and programs that have been developed to minimize lender liability at andquot;brownfieldsandquot; sites in urban areas. Excellent coverage is provided for such key areas as prepackaged plans, single asset real estate cases, cash collateral and adequate protection, deeds in lieu of foreclosure and dealing with guarantors and other sureties.
