- 14 - to two end users requested written consent for a sale to “a bank with a combined capital and surplus of at least $50,000,000”. A letter to another end user stated that the sale was to a Wyoming limited liability company. The letters to the end users also stated that Comdisco had the option to repurchase the equipment at the end of the lease and “expect[ed] to do so”. On August 30, 1993, Ms. Grossman faxed CIG Norwest’s credit standards for end users of the equipment.6 B. NEFI’s Credit Approval Presentation Mark Valentine, assistant vice president of credit for NEFI, managed a staff of credit analysts and officers. His role in the sale-leaseback transaction involved herein was limited to reviewing Comdisco’s creditworthiness and ability to service any acquired portfolio of leased computers. On September 2, 1993, having received information regarding the proposed sale-leaseback transaction from Ms. Grossman, Mr. Valentine authorized a “Transaction Credit Analysis”, referred to within NEFI as a “Credit Approval Presentation” (CAP). The stated purpose of the CAP was to review “Comdisco’s ability to service an acquired portfolio and, in the event of a sub-leasee default, replace equipment leases.” The CAP emphasized that the risk of the 6 The creditworthiness of the end user was important because the computers sold (as well as the rents due Comdisco from the end users) had been used by Comdisco as collateral to secure its own loans and were subject to the existing liens. Ms. Grossman, however, did not inquire into the amounts of the existing liens, and that information was not provided to her.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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