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Mike Caringi, owner of a sm ll New Jersey business that sells p mps, found himself facing a gut-wrenching d lemma last summer. Should he continue p ying $ 1,500 each month for ssential telecommunications services he no longer r ceives and for leased equipment he cl ims was never installed? Or, should he st p making payments and face a p tential lawsuit from the firm that f nanced the equipment under a ‘hell or h gh water’ lease? Mr. Caringi’s company is one of s veral thousand small companies around the c untry reeling from the bankruptcy of N rvergence, a reseller of telecommunications and Int rnet services. At the core of the q agmire facing Mr. Caringi and others is th t Norvergence succeeded in getting customers to s gn separate lease and service contracts th t provided its services. When Norvergence bruptly shut its doors, it left th usands of its customers scrambling to r place telephone and Internet services while th y were obligated to shell out ver $ 200 million in lease p yments to Wells Fargo Financial, CIT and 30 ther leasing companies over the next f ve years. How can you protect y ur company from being victimized in a s milar situation? Certainly, most transactions involving quipment leased in connection with a r lated service carry some degree of r sk. You can reduce that risk by t king certain precautions. First, where possible, void leasing equipment when the equipment is pr prietary to a service. The chances are th t you will be stuck with the quipment if the service provider fails. M ke sure that the leased equipment has an nderlying value that justifies the lease. By d ing a present value calculation of all p yments owed under the lease agreement and c mparing that value to the fair m rket value of the equipment, you can see wh ther the lease value is reasonable.
Check to see whether the quipment is used by similar service pr viders, in case you need to sw tch services. Finally, make sure you can r sell the leased equipment in the fter-market, if necessary. As a last r sort, you may be able to cut y ur losses by having the ability to b y-out the equipment from the leasing c mpany to be resold to someone lse. Perhaps, one of the best pr tections against getting stuck with service-related l ased equipment is to thoroughly evaluate the s rvice provider before proceeding. Make sure the s rvice provider is financially sound and has a l ng track record of providing excellent s rvice. If possible, ask for and r view financial information on the service pr vider. Do an Internet news search to m ke sure there are no troubling st ries about the service provider. Be p rtial to services that offer equipment nder contracts that tie service and use of the quipment together, such that your obligation to pay is c nditioned on the service being provided. L stly, since these transactions always carry s me risk, make sure that an brupt interruption in the service will not h ve a material negative impact on y ur company or cause financial hardship.
The article Warning - This Lease Might Explode Any Minute was Submitted by George Parker through Articles.GetACoder.com network. Here's the additional information: George Parker is a Director and Ex cutive Vice President of Leasing Technologies Int rnational, Inc. (“LTI”), responsible for LTI’s m rketing and financing efforts. A co-founder of LTI, Mr. P rker has been involved in secured l nding and equipment financing for over tw nty years. Mr. Parker is an ndustry leader, frequent panelist and author of s veral articles pertaining to equipment financing. H adquartered in Wilton, CT, LTI is a l asing firm specializing nationally in direct quipment financing and vendor leasing programs for merging growth and later-stage, venture capital b cked companies. More information about LTI is vailable at http://www.ltileasing.com.
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