- 474 - which were identical to those contained in IRA's long-term note to the leasing entity in each instance. IRA did not, generally, assume the leasing companies' obligations under long-term notes signed by the leasing companies to lending institutions. The long-term promissory notes (also known as nonrecourse or limited recourse notes) executed by IRA as the purported owner/investor of the equipment in the transactions contained deferral provisions triggered by the other party's defaults. The Agreements of Lease, e.g., the leaseback by the owner/purchaser to the leasing company, contained no provisions that permitted the leasing company to terminate or defer the payment of rent due to the owner/purchaser, if the leasing company did not receive payments on the long-term notes of the owner/purchaser. In each instance the leasing company retained the right to receive all rentals from the end user lessees, subject to any assignment of such rentals to the lending institutions that had financed the purchase of the equipment and subject to the Agreements of Lease with any intermediary. The terms of the end user leases were always shorter than the 96- or 108-month term of the Agreements of Lease. The lending institutions that financed the purchase of the equipment looked solely to the rent from the end user lessees for the repayment of their loans. These loans were to be paid off in full at the end of the end user leases. There is no evidencePage: Previous 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 Next
Last modified: May 25, 2011