Leasing Glossary
Liberty Leasing
Services, Inc. understands that leasing terminology can
be confusing and as a service to our prospective and current
clients provides the following glossary of common
terms. Should you have any questions regarding leasing
terminology we encourage you to
contact us
or consult with your business advisor.
Accelerated Depreciation:
Any
depreciation method that allows for greater deductions or
charges in the earlier years of an asset's depreciable life,
with charges becoming progressively smaller in each
successive period. Examples of accelerated depreciation are
the double declining balance and sum-of-the-years digits
methods.
Add-On:
A
transaction to add related equipment to an existing lease.
Typically, this term is used when the additional equipment
is financed using the same lease structure (i.e. Fair
Market Value, $1.00 Purchase Option, Fixed Purchase Option,
etc.) as the original transaction except that the lease term
for the add-on is set so that it expires conterminously (on
the same date) as the original transaction.
Advance
Rental Payments: The initial payment or
payments made by the lessee at the beginning of the lease
agreement (i.e. the first rental payment or first and last
rental payment).
Annual Percentage Rate
(APR): The effective rate taking into account
compounding and other fees. The nominal rate of interest for
a specified period (usually one year).
Appreciation:
The increase in value of an asset over time.
Asset:
An item (tangible or intangible) of value.
Assignment
of Proceeds: Under an Assignment of Proceeds
agreement, the vendor agrees to let the lessor fund the
manufacturer's equipment costs directly to the manufacturer
at the time of funding.
Balloon Payment:
A payment on a lease that is large in comparison to the
other payments. A balloon payment is usually the last
payment on the lease.
Bargain Purchase
Option:
A lease provision allowing the lessee, at its option, to
purchase the leased property at the end of the lease term
for a price that is sufficiently lower than the expected
fair market value of the property.
Basis: For
tax purposes, the value of an asset after subtracting any
applicable accumulated depreciation from the original
acquisition cost of the asset.
Basis Points:
Units of 1% with each unit equal to 0.01% (1/100%). For
example, "50 basis points" is equal to .5% and "200 basis
points" is equal to 2%.
Book Value:
For
accounting purposes, the value of an asset after subtracting
any applicable accumulated depreciation from the original
acquisition cost of the asset.
Capital Lease (also known
as a Finance Lease):
A lease that meets at least one of the criteria outlined in
paragraph 7 of Financial Accounting Standards Board
Pronouncement Number 13 (FASB 13). A Capital Lease is
treated by the lessee as both the borrowing of funds and the
acquisition of an asset to be depreciated; thus the lease is
recorded on the lessee's balance sheet as an asset and
corresponding liability (lease payable). Periodic lessee
expenses consist of interest on the debt and depreciation of
the asset.
Capped Fair Market
Value Lease:
A Fair Market Value Lease with a
predetermined ceiling to limit Fair Market exposure at the
end of the lease term.
Certificate of Delivery and Acceptance: A
document that is signed by the lessee to acknowledge that
the equipment to be leased has been delivered and is
acceptable.
Certificate of
Insurance:
A statement from an insurance company or its agent that
a certain policy has been written. The certificate usually
summarizes the coverage of a certain policy.
Commitment
Deposit:
A deposit required by the
lessor at time of signing which ranges from 1-2% of the
total equipment cost, or the equivalent of the first rental
payment. It is generally applied to rental on a pro rata
basis if the commitment is taken down or returned if the
lease is declined.
Commitment Letter:
The letter prepared by the
lessor to spell out terms and conditions between lessee and
lessor for a master lease line of credit.
Coterminous:
Linking two or more lease agreements together so they
terminate at the same time.
Dealer
Lease Referral Application and Agreement:
This one page agreement supplies the lessor with important
information about the equipment vendor. By way of this
agreement, the vendor concurs to pass clear title to the
equipment to the lessor on delivery and acceptance by the
lessee and funding by the lessor.
Depreciation:
An expense or deduction representing a
reasonable allowance for exhaustion, wear and tear, and
obsolescence, that is taken by the owner of the equipment
and by which the cost of the equipment is allocated over
time. Depreciation decreases the company's balance
sheet assets and is also recorded as an operating expense
for each period. Various methods of depreciation are used
which alter the number of periods over which the cost is
allocated and the amount expensed each period.
Discount Rate:
An interest rate that is used to bring a
series of cash flows to their present value in order to
state them in current, or today's dollars.
Early Termination:
The termination of a lease before the end of its original
term. Depending on the lease structure, an Early Termination
may have consequences such as a final payoff consisting of
the sum of the remaining payments discounted at a nominal
rate and a penalty.
Economic Life:
The
estimated period of time, with normal repairs and
maintenance, that equipment is expected to be economically
usable for the purpose for which it was intended at the
inception of the lease.
Electronic
Funds Transfer (EFT - also known as ACH): An
electronic transfer of cash whereby the sender remits
payment directly to the recipient's bank account.
End-of-Term Options: Options stated in the lease
agreement that give the lessee flexibility in its treatment
of the leased equipment at the end of the lease term. Common
end-of-term options include purchasing the equipment,
renewing the lease or returning the equipment to the lessor.
Equipment Schedule/Lease
Schedule:
A document incorporated by reference into a lease agreement,
which describes in detail the equipment being leased. The
schedule may state the lease term, commencement date,
repayment schedule and location of the equipment
Fair Market
Value (FMV):
The price for which
property can be sold in an "arms length" transaction; that
is, between informed, unrelated, and willing parties, each
of which is acting rationally and in its own best interest.
Fair Market
Renewal Value:
The rental payment paid
monthly for a period of up to one year if the lessee elects
to renew the lease once it has initially terminated. The
value is determined by negotiation between lessee and lessor
and represents the Fair Market Rental/Renewal Value.
Finance Lease (also knows as a Capital Lease):
A lease that meets
at least one of the criteria outlined in paragraph 7 of
Financial Accounting Standards Board Pronouncement Number 13
(FASB 13). A Capital Lease is treated by the lessee as both
the borrowing of funds and the acquisition of an asset to be
depreciated; thus the lease is recorded on the lessee's
balance sheet as an asset and corresponding liability (lease
payable). Periodic lessee expenses consist of interest on
the debt and depreciation of the asset.
Financial Accounting
Standards Board Pronouncement Number 13 (FASB 13):
A pronouncement from the Financial Accounting Standard Board
which outlines the accounting treatment of leasing
transactions under United States generally accepted
accounting principals. The pronouncement specifically
addresses the definition and accounting treatment for
capital leases.
Fixed Purchase
Option:
An option given to the lessee to purchase
the leased equipment from the lessor on the option date for
a guaranteed price. Both the date and the price must be
determined at the inception of the lease. A typical fixed
purchase option is 10% of the original cost of the
equipment.
Full Payout Lease:
A lease in
which the total of the lease payments paid to the lessor
covers the entire cost of the equipment including financing,
overhead, and a reasonable rate of return for the lessor,
with little or no dependence on the residual value.
Incremental
Borrowing Rate: The interest rate that, at
the inception of the lease, the lessee would have incurred
to borrow, over a similar terms, the funds necessary to
purchase the leased asset.
Landlord Waiver: A document
created by the lessor and signed by the lessee's landlord.
The signed document gives up any rights the lessee's
landlord may have in the leased equipment at the lessee's
place of business. This waiver lets the lessor remove the
equipment in case of default or at completion of the lease.
It also protects the lessor in situations where leased
equipment is in conjunction with real property.
Lease: A legal contract granting use
or occupation of property during a specified period of time
in exchange for a specified payment of rent.
Lease Agreement: A legal
contract through which an owner of equipment (lessor)
conveys the right to use its equipment to another party
(lessee) for a specified period of time (the lease term) for
specified periodic rental payment.
Lease Line: A
lease line of credit allows a leasing customer to obtain
additional leased equipment under the same basic lease terms
and conditions originally agreed to without having to
re-negotiate and execute a new lease contract with the
lessor. Each new piece of equipment is listed on a
separate schedule, and the specific lease rate for that
schedule is dependent upon the policies of the lessor, the
terms and conditions of the Master Lease, and the cost of
the equipment.
Lease Commencement:
The date the equipment is accepted by the lessee as
evidenced by lessee's execution of a Certificate of Delivery
and Acceptance.
Lease Proposal: A written document
between the lessor and lessee that details the basic terms
and conditions of a lease transaction. Both parties sign
this proposal and it is then reviewed for credit approval.
Lease Rate: The simple corresponding
interest rate less depreciation and residual, if any.
Lease Schedule: A schedule to a
Master Lease agreement describing the leased equipment,
rentals and other terms applicable to the equipment.
Lease Term: The period of time
covered by the lease agreement, usually stated in number of
months.
Lessee:
The party to a lease
agreement who is obligated to pay the rentals to the lessor
and is entitled to use and possess the leased equipment
during the lease term.
Lessor:
The party to a lease
agreement who has legal or tax title to the equipment (in
the case of a true tax lease), grants the lessee the right
to use the equipment for the lease term and is entitled to
receive the rental payments.
Leveraged Lease:
A lease wherein the stream of payments have
a debt participant. The ownership of the leased equipment
remains with the lessor. Leveraged Leases can be either
recourse or non-recourse leases.
Level Payments: Equal periodic
rental payments for the term of the lease agreement.
Lien:
A security interest or an encumbrance upon property.
Long Term Debt:
Loans
and obligations with a maturity of longer than one year;
usually accompanied by a portion (current portion of Long
Term Debt) with a maturity of less than one year.
Master
Lease: A
continuing lease arrangement whereby additional equipment
can be added from time to time merely by describing that
equipment in a new lease schedule executed by the parties.
The original lease contract terms and conditions apply to
all subsequent schedules. Eliminates signing new
leases as additional equipment is leased.
Municipal Lease:
A lease designed to meet the special needs
of U.S. state and local governments. The lease contains a
non-appropriation clause which states that the only
condition under which the entity may be released from its
payment obligation is when the legislature or funding
authority fails to appropriate funds. Since the lessee
is a municipality or an organization supporting the
government, it is exempt from paying federal income taxes.
For this reason, the IRS does not charge the lessor income
taxes on leases to these lessee's.
Net Lease:
A type of lease agreement where all costs associated with
the use of the equipment are paid by the lessee and are not
an element of the rental payment. For example, insurance,
taxes and maintenance are paid directly by the lessee in a
Net Lease.
Operating Lease:
A lease that does not meet
any of the criteria outlined in paragraph 7 of Financial
Accounting Standards Board Pronouncement Number 13 (FASB
13). The lessee shall treat the lease payment as an expense
in the period incurred with no subsequent recording of an
asset or liability on its balance sheet, hence, the term
"off-balance sheet" financing.
Payments in
Advance:
Periodic payments are due at the beginning
of each period.
Payment in Arrears:
Periodic payments are due at the end of each
period.
Pre-Funding: A term used when an equipment
vendor requires that they be paid a percentage of the
equipment cost before the lessee has executed a Delivery and
Acceptance Certificate. The lessor must approve this
arrangement at the time a lease application is submitted and
generally requires the execution of additional legal
documents.
Present Value:
The discounted value of a payment or stream
of payments to be received in the future, taking into
consideration a specific interest or discount rate. Present
Value represents a series of future cash flows expressed in
today's dollars.
Purchase Option: An option in
the lease agreement that allows the lessee to purchase the
leased equipment at the end of the lease term for either a
negotiated or pre-determined amount.
Purchase Order:
A document
indicating the terms and conditions upon which the buyer of
the equipment (lessor) will pay the sellers (equipment
vendor) invoice the agreed upon purchase price of the
equipment.
Residual:
The value of the leased property at the end of the lease
term as estimated at the time of Lease Commencement.
Residual Value:
The lessor's reported book value of the
Residual at a specific point in time during the lease
contract.
Sale Leaseback: A transaction where
the owner sells equipment it already owns to a lessor then
leases it back from the lessor thereby becoming the lessee.
This structure is often used to raise cash or to take the
transaction off-balance sheet.
Security
Deposit: Payment or payments made by the lessee at
the beginning of the lease agreement. This deposit is held
by the lessor for the term of the lease agreement. If
the lease agreement terms are not fulfilled for reasons that
are not the fault of the lessor, the deposit will be
retained by the lessor to offset losses for administrative
costs. If any amount of the deposit remains at the end
of the Lease term and the lessee has finalized all of his /
her obligations under the lease agreement, the Security
Deposit will be returned to the lessee or can be applied to
the Purchase Option or to any outstanding payments.
Skip-payment Lease:
A lease that contains a payment stream
requiring the lessee to make payments only during certain
periods of the year.
Step-up or Step-down:
A feature of a lease that contains a payment
stream that either increases (step-up) or decreases
(step-down) in amount over the term of the lease.
Soft Costs:
Additional costs added to the equipment cost to be included
in the determination of the lease payment. Installation
expenses, software, freight and other items are often
defined as soft costs.
Tax Lease: A
lease that qualifies under specific revenue rulings of the
United States Internal Revenue Code for the entire rental
payment amount to be deducted from the taxpayer's taxable
income during the tax period incurred.
Uniform Commercial Code: A standardized
program and method within the United States of legalizing,
administering, and recording lien instruments. Adopted now
by every state except Louisiana.
Useful Life: An estimated amount of
time during which an asset or facility will yield income or
be useful.
Vendor:
The party that provides the equipment in a lease
transaction.
Yield:
The rate of return to the leasing company in a lease
transaction.
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