Add-On:
A transaction that adds additional equipment to an existing lease. This term is
typically used when the new equipment is financed using the same lease
structure (i.e, Fair Market Value, $1.00 Purchase Option, etc.) as was used for
the initial transaction except that the lease term for the add-on equipment is
set so that it matures on the same date (coterminous) as the original
transaction.
Advance Payments: Payments made by the lessee at the
inception of a leasing transaction, and in advance of each subsequent period of
use.
Amortization: The reduction of
the purchase price, or value, of an asset by prorating its' acquisition costs
over a period of years.
Bargain Purchase Option:
An option given to the lessee to purchase the equipment on lease at a price
that is less than the expected fair market value so that, at the inception of
the lease, it is reasonable to assume that there will be a very high
probability that the lessee will purchase the equipment on the option date or
maturity of the lease.
Capital Lease: A
direct substitute for purchase of the asset with borrowed money. It is a
contract to make a series of payments in return for use of an asset for a
specified period of time. It transfers substantially all the benefits and risks
inherent in the ownership of the property to the lessee. 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), and periodic
lessee rental payments consist of interest and principal.
In accordance with the criteria outlined in paragraph 7 of FASB 13, a capital
lease is one that meets at least one of four criteria, which are:
Title passes automatically to the lessee
at the end of the lease term;
Lease
contains a bargain purchase option
(i.e., an option to purchase the leased
asset for less than its' fair market
value)
Lease
term is greater than 75% of estimated
economic life of the equipment; and
Present
value of lease payments is greater
than 90% of the equipment's fair market
value
Conditional
Sales Contract:A
contract in which the lessee customer pays for the asset being
acquired in installment payments over a pre-determined period
of time, rather than all at once. Title to the asset may pass
to the lessee at the commencement of a lease contract, or it
may pass to the lessee automatically upon the lessor's receipt
of the final installment payment.
Depreciation: A
means for the recovery of the cost of a purchased asset, over time, through
periodic offsets to income. These offsets, or deductions, represent a
reasonable allowance for an asset's loss of value over time due to obsolescence
or use. Per Government Accounting Standards Board Statement 34, an asset is to
be reported at its historical cost which is depreciated over its estimated
useful life.
Discount Rate: A certain interest
rate that is used to bring a series of future cash flows to their present value
in order to state them in current day dollars. Use of a discount rate removes
the time value of money from future cash flows.
Dollar Buyout: An option at the
end of a lease to buy the leased property for one dollar ($1.00).
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.
FMV - Fair Market Value, which is the then
current value of the equipment if the
buyer is willing to buy and the seller
is willing to sell.
Dollar
Buyout - Equipment is purchased for
a fixed
dollar amount at the end of the lease
(it can actually be $1.00).
Residual
Value - This is the value, expressed
as a percentage of the original purchase
price, that the lessor estimates the
equipment will retain at a
specified point in the
future.
Estimated
Useful Life: The
period of time during which an
asset is expected to have a functional
use and economic value, as used
in a trade or business. Estimated
Useful Life is used for determining
whether or not a lease qualifies
as a capital lease or operating
lease. Per Governmental Accounting
Standards Board (GASB) Statement
34, a government entity's estimation
of an asset's useful life should
be based on experience with similar
assets and the plans for the assets.
As a general guideline, estimated
useful lives for select assets
commonly acquired under a lease-financing
program are as follows:
Infrastructure:
Moveable Equipment:
Traffic Lights
Mast Arms
20 years
Hung Wire
15 years
Building Components:
HVAC
20 years
Fire Systems
25 years
Elevators
20 years
Computer Flooring
10 years
Building Structures:
Portable Structure
25 years
Food Service Equipment
10
years
Audio Visual Equipment
7
years
Business Machines
7
years
Communications Equipment
10
years
Computer Software
5
years
Construction Equipment
12
years
Computer Equipment
5
years
Fire Department Equipment
12
years
Furniture
20
years
Agricultural Equipment
15
years
Lab, Science Equipment
10
years
Licensed Vehicles
6
years
Machinery and Tools
15
years
Custodial Equipment
15
years
Photocopiers
5
years
Fair
Market Value: The value of a piece of
equipment if the equipment were to be sold in a transaction determined at arm's
length, between a willing buyer and a willing seller, for equivalent property
and under similar terms and conditions.
Fair Market Value Lease (FMV): A
lease which includes an option for the lessee to either renew the lease at a
fair market renewal value or purchase the equipment for its fair market value
at the end of the lease term.
Finance Lease: A finance lease
finances the purchase of the asset over a period of time that covers most of
its useful life, and includes three end of lease options: renew the lease for
an additional period, usually one fiscal period at a time; return the asset to
the party providing the lease-financing services (the Lessor); or purchase the
asset for a nominal amount, usually $1.00. A Finance leases is generally
considered to be a capital lease.
Fixed Price 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 price purchase option
may be equal to 10% of the equipment's original cost.
Full Payout Lease: A lease in
which the total amount of all lease payments is sufficient to pay the lessor
the entire cost of the equipment including financing, overhead, and a
reasonable rate of return, with little or no dependence on a residual value.
Installation Date:
In substance, the Installation Date is the date the lessee acknowledges in
writing that Items of Equipment have been accepted and tested and are ready for
use.
Interim Rent: The rent collected
between the Final Installation Date and the Base Term Commencement Date.
Lease: A contract
through which an owner of equipment (the lessor) conveys the rights of
possession and use of the equipment to another party (the lessee) for a
specified period of time and for specified periodic payments.
Lease Rate Factor (LRF): A factor
used to derive lease payments. This is a percentage that, when multiplied by
the cost of equipment, provides a periodic rental. In the event the cost of the
leased property is either not exactly known or may change, having the lease
rate factor allows a quick recalculation of a lease payment when that number
becomes known.
Lease Purchase: A lease-purchase
contract allows for the purchase price of an asset to be amortized over the
term of the contract, and for equity to be gained in the asset with the payment
of each periodic installment which contains two components: principal and
interest. Lease purchase agreements are usually considered to be capital
leases.
Lease Schedule: Listing of
equipment to become subject to a lease, which describes the equipment in
detail. The schedule may reflect the lease term, the commencement date and the
location of the equipment and may be incorporated into the basic lease
agreement by reference.
Lessee: The party to a lease
agreement who is obligated to make periodic lease rental payments to the lessor
in exchange for the rights of possession and use of the leased equipment during
the lease term, provided all other terms and conditions under the lease are
maintained on a satisfactory basis.
Lessor: The party to a lease
agreement who has the legal or tax title to equipment (in the case of a true
tax lease), which grants a lessee the right to use the equipment for the lease
term in exchange for the receipt of periodic lease rental payments.
Master Lease: A
Master Lease Agreement establishes the principal terms and conditions that will
apply to all financed acquisitions, yet allows for new equipment to be added to
the agreement via lease schedules which pertain to the specific assets being
financed. Periodic payments under each lease schedule are structured in a
manner that reflects the useful life or intended service period of the asset
being financed. A Master Lease Agreement may be structured as a capital lease
or an operating lease.
Municipal Lease: A lease designed
to meet the special needs of 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 customers.
Operating Lease: Also
referred to as a rental arrangement, or a true lease. A contract that allows
for the use of an asset over a specified period of time, but does not convey
rights similar to ownership of the asset to the party utilizing the asset
(lessee).
As defined in FASB 13, an operating lease must meet all of the following
characteristics:
Lease term is less than 75% of estimated economic life of the equipment;
Present value of lease payments is less than 90% of the equipment's fair market
value;
Lease cannot contain a bargain purchase option (i.e., less than the fair market
value); and
Ownership is retained by the lessor during and after the lease term.
Payment
in Arrears:
Periodic payments for leased assets which are due at the end of each period of
use.
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.
Progress Payment:Occasionally,
an equipment supplier or a contractor on an energy generation
project may require payment for completed stages of a large,
ongoing project.In these instances, portions of the amounts committed
under a lease-financing vehicle may be disbursed to pay these
obligations.If
the lease-financing vehicle was structured to pay against
individual invoices, interest accrues only on the amounts so
disbursed.If
proceeds from the lease-financing vehicle were fully disbursed
into escrow at the commencement of a project, the accrual of
interest will remain in accordance with the terms in effect at
the time of the initial disbursement.
Purchase
Option:
An option given to the lessee to purchase the equipment from the lessor,
usually as of a specified date.
Remarketing:
The process of selling or leasing the leased equipment to another party upon
termination of the original lease term. The lessor can remarket the equipment
or contract with another party, such as the manufacturer, to remarket the
equipment in exchange for a remarketing fee.
Renewal
Option:
An option in the lease agreement that allows the lessee to extend the lease
term for an additional period beyond the expiration of the initial lease term,
in exchange for lease renewal payments.
Residual
Value:
The estimated value that an item of equipment will retain at various points
during the term of a lease, net of the effect of depreciation and assuming that
the equipment has been maintained in good working condition, normal wear and
tear excepted.
Sale
Leaseback:
A transaction that involves the sale of equipment to a leasing company and a
subsequent lease of the same equipment back to the original owner, who
continues to use the equipment.
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 series of payments which either increase
(step-up) or decrease (step-down) in amount at certain periods during the term
of the lease.
Supplier: An
entity that provides leased property
to customers. (also referred to as "Supplier" or
"Equipment Supplier")
UCC
Filing:
A notice of security interest filed under the Uniform Commercial Code to
perfect a security interest in the leased property.
Useful
Life: - see "Estimated Useful Life".
Upgrade: To trade in leased
equipment for a newer, more advanced model of a similarly functional item of
equipment during the lease term.
Vendor: An
entity that provides leased property
to customers. (More commonly referred
to as "Supplier" or "Equipment
Supplier)