the periodic rental payments which are collected by the lessor at lease
inception and applied to the rentals due under the lease. Advance Rentals
are applied to the payments that you owe, Security Deposits are not.
Amortization
the process of gradually extinguishing a capital expenditure in periodic
payments over a predetermined length of time.
Authorized Signature
a signature by a person authorized by a company to obligate the company
on a long-term lease. An authorized signer will be substantiated by a leasing company through a Certificate Authorizing Resolution and Incumbency that
specifies who can sign and his/her title.
a provision of the lease or an agreement which is separate from the lease
that allows the lessee to purchase the leased asset for a predetermined
price which is lower then the fair market value of the asset. This option is
normally exercised at the end of the lease and provided the lessee has
complied with their responsibilities under the lease.
Broker
a person or entity that acts as a financial intermediary between the end-user, lessee, and a financial institution, lessor.
a type of lease which is treated as a purchase on the lessee's books.
Generally capital leases can be identified by one of the following
characteristics:
The lease term is equal to or greater than 75% of the estimated useful life of the leased asset.
Title to the asset is automatically transferred to the lessee at the end of the term.
Title to the asset can be obtained by the lessee for a bargain option at the end of the lease term.
The present value of the required lease payments are equal to or the estimated fair market value of the asset at lease inception.
a document executed by the lessee indicating that the asset has been
delivered, is as appears on the lease and operates to the lessee's
satisfaction and manufacturer's specifications. This is generally the final
document executed by the lessee and signals the lessor that they may
remit payment to the vendor.
the time period over which one can expect to obtain the benefits of
ownership and/or use of a piece of equipment.
Equipment Finance Agreement
An Equipment Finance Agreement has all the characteristics of a $1.00
Buyout Lease. It is used for titled vehicles or other equipment where
American Bank Leasing wishes to protect itself from the liability associated
with ownership. The Borrower owns the asset and the Lender takes a
security interest in the asset.
Equipment Schedule
a schedule signed by the lessee which becomes part of the lease agreement.
This schedule will identify all assets being leased and will generally include
model and serial numbers. It should be identical to the vendor's invoices
and will become the defining document in the event of an asset dispute.
the market value at the end of the lease which is determined after taking
into consideration recent sales of similar equipment, obsolescence factors,
deinstallation, resale expenses, etc.
Fair Market Value Purchase Option
a provision of the lease or an agreement which is separate from the lease
that allows the lessee to purchase the leased asset for it's true market
value. This value is generally determined by an independent third party
knowledgeable in such matters. This option is normally exercised at the end
of the lease and provided the lessee has complied with their responsibilities under the lease.
Finance Lease
a type of lease which requires the lessee to remit payment of the rentals
which total the cost of the asset plus the lessor's required profit. It is
noncancellable, requires the lessee to pay all taxes and other assessments,
requires the lessee to provide insurance, and to maintain the asset according
to the manufacturer's guidelines. It is anticipated that the lessee will acquire
title to the asset at the conclusion of the lease term.
Full Payout Lease
a lease in which the total periodic payments exceed the cost of the asset
being leased.
an aspect of the lease agreement which requires the lessee to honor all
conditions of the lease regardless of any of any other fact, including
equipment performance.
a document executed by the owner of the asset, the lessor, and the user
of the asset, the lessee, which details the terms of the lessee's usage
and payment.
Lease Agreement
the contractual agreement between the lessor and the lessee that conveys
the use of an asset for a specified period of time at a predetermined
payment.
a type of lease in which the parties detail the terms and conditions under
which leased asset will be used, but do not address the periodic payment
requirements. These requirements are addressed in a separate document
which becomes an addendum to the lease. A Master Lease may have several
addenda each one dealing with a separate asset acquisition.
a lease in which all costs in connection with the use of the equipment,
such as maintenance, insurance and property taxes, are paid separately
by the lessee and are not included in the lease rental payment made to
the lessor. The majority of small ticket leases are net leases.
Non-tax Lease
Lease arrangement which, in effect, is a conditional sales contract. In such leases, the transfer of the asset is treated as a loan from the owner (lessor) to the tenant (the lessee) and, hence, the lessee can claim only the interest portion of the lease payment as an expense (and not the entire amount as in a tax lease or true lease). Capital leases are non-tax leases.
any form of financing that, for financial reporting purposes, is not required to be reported on a company's balance sheet.
Open-End Lease
a type of lease which contains most of the characteristics of a conditional
sales contract and which contains a guarantee from the lessee that the
lessor will realize a minimum amount from the sale of the leased asset at
the end of the lease term.
Operating Lease
a type of lease which is not a CAPITAL LEASE. This lease, from a financial
reporting perspective, has the characteristics of a true rental agreement
and meets certain criteria established by the FASB (Financial Accounting
Standards Board). OPERATING LEASES are not required to be reflected on
the financial statements of the lessee.
the tax assessed by counties and some states on the value of real property
and equipment. Under most leases, the lessee is billed separately by the
lessor for property tax assessed on leased equipment.
Purchase Option
an option in the lease agreement that allows the lessee to purchase the
lease equipment at the end of the lease term for either a fixed amount or
at the future fair market value of the leased equipment.
Put Option
an option that commits the Lessee to purchase the leased asset for a
predetermined amount at the conclusion of the lease term. As with any
other option to purchase, if the lessee defaults in their obligations as defined by the lease, the lessor may terminate the lessee's right to purchase.
an option in the lease agreement that allows the lessee to extend the lease
term for an additional period of time beyond the expiration of the initial
lease term, in exchange for lease renewal payments.
Residual Value
the value of the leased asset at the end of the lease term.
a transaction that involves the sale of equipment to a lessee and a
subsequent lease of the same equipment back to the original owner, who
continues to use the equipment.
Sale-Leaseback
a type of lease in which an asset that is owned by the lessee is sold to the
lessor and then leased back to the lessee. This type of lease is generally
used when the lessee desires additional cash for their business. When a
Sale-Leaseback is used it is likely that the lessee will have to pay income
tax on the difference between the sale price of the equipment and the
depreciated value of that equipment on the lessee's books. The lessee will
also have to pay a sales or use tax.
Schedule A
a document incorporated by reference into the lease agreement that
describes in detail the equipment being leased.
Security Deposit
funds which are held by the lessor as additional collateral to insure
performance. Security Deposits may be forfeited by the lessee in the event
of a default.
a generic term for a lease in which the lessor takes on the risks of ownership
(as determined by various IRS pronouncements) and as owner, is entitled to
the benefits of ownership such as tax depreciation. Also referred to as a
True Lease.
Term
the agreed upon number of months the lease will run or the number of
periodic payments.
Ticket Size
refers to the cost of equipment being leased. The leasing industry is roughly
segmented into the small ticket ($0-100K), middle ticket ($100k-$1MM) and
large ticket (>$1MM).
TRAC Lease
a type of lease which is tax oriented and used exclusively for titled motor
vehicles. TRAC derives it's name from a clause in the contract which is the
terminal rental adjustment clause. This clause adjusts the residual value of
the vehicle based upon usage.
True Lease
another term for a Tax Lease where, for IRS purposes, the lessor qualifies
for the tax benefits of ownership and the lessee is allowed to claim the
entire amount of the lease rental as a tax deduction.
a document which is filed with the Secretary of State and in some cases
other public agencies which describes for the public record the nature of
the relationship between the lessee and the lessor. This filing also describes
the asset being leased and is generally regarded as the defining record in
the event of a dispute as to the rightful owner of specific assets.