Overview
Stinson performs a wide variety of legal services for bank-affiliated, captive and independent equipment finance organizations across the United States. Our equipment leasing and finance team understands our clients' businesses and assists them across multiple industries, including technology, agriculture, industrial/manufacturing, transportation, construction, medical, government and energy.
We are experienced in representing lessors, secured lenders and funding participants through the entire life cycle of their equipment leasing transactions, including initial negotiation, documentation and closing, workouts and insolvency, litigation and enforcement, syndications, regulatory compliance and operational issues.
In addition to our core equipment leasing and finance team, Stinson offers a multidisciplinary approach by drawing upon expertise from other practice divisions when necessary.
Capabilities:
- Negotiating, documenting and closing of lease and equipment finance transactions.
- Negotiating, documenting, and implementing vendor and private-label programs.
- Providing practical and strategic advice involving servicing equipment lease and finance agreements.
- Preparing and implementing syndication vehicles for performing leases and lease portfolios.
- Representing lessors serving as fiscal and paying agents in syndicated transactions.
- Assisting with remarketing and asset disposition scenarios.
- Leading lease enforcement proceedings, including out-of-court negotiations, lawsuits, mediations, arbitrations, bankruptcy, and insolvency proceedings.
- Pursuing foreclosures, replevins, obtaining temporary restraining orders, actions to pursue guarantors, obtaining deficiency judgments, and addressing post-judgment remedies on behalf of lessors and servicers.
Experience:
- Serve as advisor to equipment lessors in connection with financial transactions covering a wide variety of industries, including technology, agriculture, industrial/manufacturing, transportation, construction, medical, government and energy.
- Provide practical legal advice to lessors and finance companies in the servicing of leases, interim funding agreements, asset dispositions, remarketing agreements, syndications, and portfolio acquisitions and sales.
- Represent equipment finance and leasing companies, funders, banks, and other entities in bankruptcies, workouts, receiverships and other commercial disputes.
- Advised on hundreds of equipment leasing and finance transactions involving assets as varied as solar power projects, grain handling and storage facilities, processing and manufacturing equipment and facilities, livestock facilities, technology equipment, medical devices, railcars, warehouses and cold storage facilities.
- Routinely enforce contracts, obtain judgments, and recover assets and collateral for secured lenders and equipment lessors through litigation, replevin, foreclosure and other enforcement remedies available under the Uniform Commercial Code (UCC).
- Developed equipment leasing programs and designed a full suite of documentation solutions for independent and bank-affiliated equipment finance and leasing organizations.
- Represented numerous leasing companies in over $175 million leases related to beverage processing equipment, warehouse facilities, photovoltaic solar projects, hog farrow to wean facilities, grain shuttle loader and storage facilities, and sow farm facilities.