- 15 - addition, CFP would be entitled to terminate CLI’s exclusive remarketing agency if an item of equipment was not leased for more than 120 days and CLI had not presented a remarketing opportunity within that 120-day period. 6. Also on November 1, 1994, EQ and CLI entered into a remarketing agreement (owner remarketing agreement) providing that CLI would be responsible for the remarketing of the leased equipment after the master lease’s term expired. The owner remarketing agreement, with respect to the application of rent proceeds, had identical terms to those contained in the above- described master remarketing agreement between CFP and CLI. 7. On November 30, 1994, CFP sold for $11,773,040 to Hitachi Credit America Corp. (HCA) its right to the rental income from the existing end-user leases on the K-Mart, Shared, and other equipment in a transaction described as a “rent strip sale”. CFP, in turn, paid the $11,773,040 to ERA in satisfaction of the senior debt that encumbered the leased equipment. Simultaneously with the rent strip sale to HCA, CLI, ERA, and CFP agreed to release their liens against the rents to become due under the K-Mart, Shared, and other end user leases. CLI and ERA, but not CFP, subordinated their claims against the leased equipment to the rights of HCA. Thereafter, K-Mart, Shared, and other end users were also instructed to pay the rent due fromPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011