Whither the Hell-or-High-Water Clause? Will This Venerable Leasing Construct Survive the Expanding Use of Managed Solutions Transactions? By Paul Bent Out of Stock
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Whither the Hell-or-High-Water Clause? Will This Venerable Leasing Construct Survive the Expanding Use of Managed Solutions Transactions?
By Paul Bent
The venerable, time-honored hell-or-high-water clause has been the mainstay of equipment leasing structuring and documentation for decades, particularly in connection with the underwriting of payment risk and the assignment of rental obligations to third- party funders. In the emerging marketplace of highly flexible managed solutions transactions, however, the usefulness and applicability of the HOHW clause are increasingly open to question.
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