 I leased a car and it was the worst
experience. How is equipment leasing any
different?
With car leasing from a dealership for
personal use, you are required to pay for
excessive mileage, the pre-established residual
amount of the vehicle at the end of term or when
you purchase the vehicle, along with up front
costs such as security deposits, etc. This could
be costly and there’s usually NO negotiating
with the dealer. The purchase price is
predetermined in the contract based on what they
think your usage will be.
With and ELS TRAC lease (for vehicles &
trailers) all that is required up front is first
and last month’s rent and a small documentation
fee. There are no mileage restrictions, YOU can
choose your residual and can either turn the
vehicle back in at the end or sell the vehicle.
If the actual residual value at the end of the
term is higher than what you chose at the
beginning of the lease, you’ll pay the
difference. If it’s lower, you will receive a
“rebate” of the difference.
In an Operating lease, the purchase option is
determined at the end of the term by obtaining a
fair market value of the equipment. It is NOT
PREDETERMINED. This can be obtained by getting
vendor quotes, resale values, etc. and the
lessor/lessee will come to an agreement. If no
agreed upon value is reached, a third party
appraiser will come in and appraise the fair
market value, or, the equipment can simply be
returned to lessor.
Can a commercial (TRAC)
lease really help your bottom line?
Whatever your business vehicle needs, a
properly structured commercial lease has many
valuable financial benefits for companies of all
sizes. We understand how vital a business fleet
can be to the success of your business.
Companies need the right vehicles, but having
the wrong financial package on those vehicles
can limit future growth and reduce rather than
enhance a company's bottom line. Before we
suggest a commercial lease for your business, we
listen to your goals and offer real solutions by
customizing a commercial program for your needs.
How can leasing benefit
my business?
- Lower monthly payments
- Free up working capital by lowering the
amount you pay each month for your business
equipment
- Operating leases may qualify as
off-balance sheet financing
- Possible additional tax benefits
(contact your tax counsel)
- Adjust your TRAC lease terms and vehicle
residuals to fit the projected cash flow
requirements of your business
What is a TRAC
Lease?
Terminal Rental Adjustment Clauses are
referred to as TRAC or open end leases. This
type of lease allows us to structure the
contract to more accurately reflect the lease
end value of the vehicle as determined by your
intended use. Ultimately, businesses either
receive a rebate or must pay additional rent
upon final sale of the vehicle.
What type of
equipment can our business lease?
Almost anything (see section on list of
leasable equipment), from passenger cars to vans
to light or heavy duty trucks, even class 8
tractor trailers, street sweepers, tow trucks
and other more uniquely functional forms of
vehicle types, medical, dental equipment, office
equipment, phone systems and the list goes on
and on. With regards to a TRAC lease, in order
to qualify as a commercial lease, the vehicle
must be used more than 50% of the time for
business. Vehicles with non-standard equipment
require pre-approval and certain vehicles like
ambulances, taxis, limos for hire and school
vans normally would not qualify.
Why not pay cash
or use a bank line-of-credit for our vehicle
needs?
Leasing frees up your assets for other
uses. Cash can be used to invest in the future
success of the business and bank credit lines
can remain open for funding additional
inventory, receivables, and other expansion
needs or cover emergencies as they arise. The
yield returned from investing in the business
will generally be greater than the financing
cost of a lease.
What terms are
available?
A standard commercial lease is up to 60
months; however, we recommend setting up your
lease term to match the normal trade cycle for
the type of equipment you need. Rates are very
competitive, TRAC lease mileage is flexible, no
down payments are required (only the first &
last payments and a small documentation fee) and
residuals can easily be customized.
What happens at the end
of the TRAC lease term?
- Purchase the vehicle for the residual
value plus any remaining unpaid charges and
fees.
- Trade-in the vehicle or equipment to
cover the remaining amount due.
- Return the vehicle to a designated
location for disposal and settlement.
- And finally, let us help you determine
your best option and assist you with
additional business vehicle needs for your
growing business.
What happens at the end
of the Operating lease term?
- Purchase the equipment for the residual
value determined at lease end.
- Trade-in the equipment for an upgrade.
- Return the equipment to a designated
location for disposal and settlement.
- And finally, let us help you determine
your best option and assist you with
additional business equipment needs for your
growing business.
What happens at the end
of the Capital Lease term?
- You own the equipment for a mutually
agreed upon bargain purchase option, usually
for $1.00 (or $101.00 in California).
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Bargain Purchase Price -
Defines the end of term purchase price for a
Capital Lease.
Broker - An intermediary
between the lessee and lessor. The broker
arranges a leasing transaction. The broker
is usually paid some fee by the leasing company
for its services.
Capital Lease - A specific
classification of a lease for accounting
purposes. The classification of the lease
will determine how the lease is to be accounted
for. A lease is accounted for by the lessee
as a capital lease if it meets one of the
following criteria: (a) at the end of the lease,
the lessee owns the property being leased;
(b) at the end of the lease, the lessee can
purchase the property for a bargain
purchase option; (c) the lease term exceeds 75%
of the estimated economic life of the
leased property; (d) the present value of all
lease payments is equal to 90% or more of
the cost of the leased property.
Capped Fair Market Value - A
provision in the lease allowing the lessee to
purchase the leased property for its fair
market value, but not exceeding a certain
amount. The advantage of the cap is that
the lessee will know the maximum payment
required to purchase the leased property.
Certificate of Acceptance -
A written verification by the lessee that they
have received the property to be leased.
Most leases begin after the date stated on the
certificate of acceptance.
Coterminous - Two or more
leases that end at the same time.
Cross Corporate Guaranty - A
guarantee by one corporation to pay the lease
obligations of another corporation.
Default - If a lessee does
not comply with the terms of the lease, a
default occurs. Generally, after a default,
the lessor can exercise all of its rights under
the lease to repossess the property and
seek money damages.
Direct Finance Lease - Same
as a capital lease except this accounting
classification only applies to a lessor.
Dollar Buyout - An option at
the end of the lease to buy the leased property
for $1.
Economic Life of Leased Property -
The estimated time the leased property
can be used with normal repairs and
maintenance.
Fair Market Value - The
technical definition of fair market value is the
price a willing buyer will pay a willing
seller for leased property on an "as is, where
is" basis with both under no compulsion to
either buy or sell. In reality, this is a
vague term, often creating a question between a
lessor and lessee regarding what is the
fair market value. Stated another way, what will
someone pay for the leased property at the
end of a lease.
Fair Market Value Purchase Option -
Similar to a purchase option, this
lease term gives the lessee the ability to
purchase the leased property at its fair market
value at the end of a lease.
FAS 13 - Technically, this
is the statement of Financial Accounting
Standards No. 13 entitled "Accounting for
Leases". This book sets forth standards for how
parties to a leasing transaction should
account for such transaction.
FASB - This is the Financial
Accounting Standards Board. This is the group
that, on high, dictates the general
accounting policy and theory which is to be
followed by both internal accountants as
well as external auditors.
FAZ-BEE - Another name for
FASB.
Financial Statements -
Accounting statements that provide specific
information about a company's financial
position. They include the Profit & Loss
Statement, also known as the Income
Statement, the Balance Sheet, and the
Statement of Cash Flows. Financial statements
can generally be audited by an outside CPA
firm or be unaudited and, thus, prepared by the
company.
Financing Statement - This
is a document specified under the Uniform
Commercial Code, a law applicable in all
states. This puts the world on notice that a
security interest has been filed against
the person on the form listed as the debtor.
Hell or High Water Clause -
This is a provision in a lease agreement which
indicates the lessee is required to pay the
lease payment for the entire term of the lease.
Problems encountered by the lessee with the
leased property are not valid reasons for not
making lease payments.
Interim Rent - Rent paid for
an interim period of time. Many leases begin at
the start of a period such as the first of
the month. If leased property is received and a
certificate of acceptance is signed prior
to that date, often there is an interim period
between the acceptance and the start of the
first lease rental. This period of time is
called the interim term during which the interim
rent is paid. The interim rent is generally
calculated as a percent of the standard monthly
rent prorated over the number of days in
the month the lessee has use of the leased
property.
Investment Grade Credit -
Generally refers to a lessee of high credit
standing. Technically, an investment grade
credit is a company rated highly by one of many
recognized credit agencies such as Standard
& Poor's.
Lease - A contract giving
the lessee the right to use the leased property
for a period of time.
Lease Line - A line of
credit similar to a bank line of credit. It
allows the lessee to easily add additional
leased property under the same terms and
conditions without negotiating additional
agreements.
Lease Rate Factor - This is
a percentage which when multiplied by the cost
provides a periodic rental. It is a helpful
number when used by either a sales person or the
lessee. In the event the cost of the leased
property is either not exactly known or may
change, having the lease rate factor allows
a quick recalculation of a lease payment when
that number becomes known. Generally
expressed as $1.00 of rent for each $1,000
borrowed.
Lease Term - The fixed term
of the lease.
Lessee - The user of leased
property under the lease.
Lessor - Depending on the
type of lease, either the owner of the leased
property or the owner of a security
interest in the leased property.
Letter of Credit - A
specific arrangement between a lessee and one of
its banks. The bank agrees in the event of
a defined event, the lessor can look to the bank
to make payment instead of the lessee. This
is similar to a security deposit in that it is
one way for a lessor to insure that it will be
paid under a lease.
Master Lease - The primary
document between the lessor and lessee
containing all the general terms and
conditions for leasing. Individual leases can
then be relatively short and incorporate
the master lease by reference. It is a very
convenient administrative document so that once
agreed, legal terms and conditions never
need to be negotiated again.
Middle Market Credit - A
lessee without an investment grade credit
rating, but generally with sales greater
than $50 million annually.
Municipal Lease - Same as a
capital lease except that the lessee is a public
entity. Although the product and features
are identical, the legal documentation is
different because of the unique status of
public entities.
Net Lease - Any lease where
all costs in connection with the use of the
leased property are paid by the lessee and
are not part of the periodic lease payments. For
instance, maintenance, insurance and taxes
are paid directly by the lessee. Capital leases
are generally net leases.
Operating Lease - Another
accounting classification for a lease. A lease
that does not meet the criteria for a
capital lease is an operating lease. With an
operating lease, the lessor is generally
taking a risk that at the end of the term
the lessee will either purchase the leased
property, renew the lease, or the leasing
company can remarket the leased property for its
residual value.
Personal Guaranty - The
guarantee of someone to be individually
responsible for the obligations under the
lease. Generally for Subchapter S closely held
companies and small businesses, a leasing
company may ask for a personal guaranty as a way
to insure that the lease payments will be
made.
Progress Payment Loan - ELS
makes all milestone payments required by the
vendor until all associated equipment,
customization, training, installation and
conversion has been provided by the vendor.
This product is generally used with larger
transactions that require milestone
payments over a short time between three
months and 18 months.
Purchase Option - Option to
purchase leased property at the end of the lease
term.
Refundable Security Deposit -
An amount paid by a lessee to provide
extra protection to the lessor to insure
that the lessee will pay its obligations under
the lease.
Remarketing - The process of
selling or re-leasing leased property which has
been returned to the lessor either at the
end of the term or as a result of a default in
lease.
Remarketing Fee - A fee paid
for selling or re-leasing leased property.
Rent Holiday - A period of
time during which a lessee is not required to
pay rent.
Residual Value - The value
of leased property at the end of the lease term.
Sale-Leaseback - A
transaction which involved the sale of property
by the lessee to the lessor and a lease of
the property back to the lessee.
Security Interest - An
interest in property that is acquired for
purpose of securing payment of a lease
obligation. A security interest allows the
holder to obtain the property in the event of
default and gives the holder additional
rights in the event of bankruptcy.
Spread - The difference
between funding costs and the rate of return to
the lessor on a lease.
Step Down Lease - Another
variant of the "Step Rental Lease". A lease
where the lease payments decrease over the
term of the lease.
Step Rental Lease - A lease
where the rent may change during the term of the
lease. The change is known at lease
inception and is agreed by both the lessor and
the lessee. Often a step rent lease allows
the lessee to pay less initially and more later
in the term.
Step Up Lease - Similar to,
again, a "Step Rental Lease" and a "Step Down
Lease" except the lease payment is
increased during the term of the lease.
Stipulated Loss Value - This
is a term in a lease requiring the lessee to pay
the value of the leased property in the
event there has been some type of damage or
destruction to the leased property.
Term - Generally leases run
for 12, 24, 36, 48 or 60 months.
Vendor - An entity that
provides leased property to customers.
Vendor Leasing - A working
relationship between a leasing company and a
vendor to provide leasing to the vendor's
customers. In some sense, the leasing company is
working as an extension of the vendor
providing credit checking, billing and
collecting documentation, and customer
service. The leasing company, generally, is
accepting the credit risk.
Venture Leasing - Generally
referred to as a Start-Up.
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