- 33 - Leases and have a residual value of not less than 20 percent of the purchase price. In that connection, the Tax Opinion further states as follows: The Trustee anticipates receiving no positive cash flow during the initial term of the User Lease, additional cash flow thereafter depending upon receipt of any Additional Rent, which cannot be anticipated but may be significant. Upon expiration of the [Master] Lease [sic], the Equipment will be owned free and clear of all debt and the Appraisal anticipates the Unit- holders deriving a cash flow thereafter. However, the Appraisal does not discuss the anticipated cash-flow from the computer equipment after expiration of the 96-month master leases. Finally, the Tax Opinion relies upon the Appraisal to conclude that the equipment will have "a useful life extending beyond the terms of the [Master] Leases". Throughout the Tax Opinion, Austrian, Lance & Stewart note the importance of the useful life of the equipment in view of the 96-month terms of the master leases which "is longer than most leases of such equipment and may indicate that the anticipated residual value will not be realized." However, the only statement in the Appraisal that can be construed as addressing the "useful life" of the subject equipment is the following: "The IBM 3081 and 4341 CentralPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011