Chapter 27 – Leasing
2. Leveraged leases – lessor borrows a substantial portion of the
purchase price on a non-recourse basis
3. Sale and leaseback agreements – lessee sells the asset to the
lessor and leases it back
Real-World 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.
Real-World Tip: Traditionally, sale and leaseback arrangements
have involved expensive assets (e.g., buildings, airliners, railroad
cars); however, “employee leasing” has grown from almost zero in
1984 and many millions today. 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.
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