3. Leveraged leases – lessor borrows a substantial portion of the
purchase price on a non-recourse basis
Lecture Tip: As described by Professor James Johnson in his
article “Predatory Leasing: The Curse of the No-Exit Lease”
(Corporate Finance Review, January/February 1999), some
lessors make it extremely difficult for lessees to escape the lease at
expiration. Typically lessees have the right to purchase the
equipment, extend the lease, or “walk away.” In a “predatory”
lease, the end-of-lease language traps the lessee. Consider the
following end-of-lease language provided in the article:
“At the expiration of the lease term …or at the expiration of an
extention [sic] term … lessee must (1) purchase the
leased property at a reasonable price; (2) return the
leased property …and lease replacement property
which has a cost at least equal to the original cost of
the returned property; or (3) extend the lease for an
additional year at the lease rate prevailing in the
expiring lease. Regarding options (1) and (2), lessor
and lessee shall agree to terms or not agree to terms in
their sole discretion.”
Notice that: the first option does not say “fair market value” – thus,
the lessor can insist on an exorbitant price, effectively taking this
option off the table. The second option does not specify the terms
of the subsequent lease, which allows the lessor to specify
exorbitant terms, taking the second option off the table. And, the
third option results in the lessee paying the same lease rate for
equipment that is worth a fraction of its original value. As
Professor Johnson points out, the “reasonable exit – simply
returning the equipment when the lease ends – has been ruled out”
by the wording of the document.
Lecture Tip: Traditionally, sale and leaseback arrangements have
involved expensive assets (e.g., buildings, airliners, railroad cars);
however, according to a piece in The Wall Street Journal, the
number of employees hired out by “employee leasing” has grown
significantly. Unlike traditional “temps,” these people are
employed by the lessor, provided with health and other benefits,
and then leased to a client firm. The development of this industry
is perhaps a natural outgrowth of the downsizing and outsourcing
of the 1990s; it remains to be seen whether the anticipated savings
materialize.
21.2 Accounting and Leasing