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Forms and Transactions

The wise man is he who knows the relative value of things.

– William Ralph Inge

Creating forms and negotiating and documenting transactions involves more than good writing and arguing. Success requires imagination, an eye for risk management and above all, judgment. We pride ourselves on offering our clients the good judgment necessary to avoid waste and kill good deals while protecting the client’s interests.

Forms and Documents

Much of our work in the small ticket and middle market segments is in creating programs, form documents and policies for our clients. In many cases, this involves working with start-up operations such as new equipment finance departments for growing banks; but we often upgrade existing form documents and policies to industry best practices or adapt forms for new uses. In some cases, we simply review existing documents and make recommendations.  In others, we replace or substantially rewrite the documents our clients were using. Many in the industry use true leases, leases intended as security, TRAC leases and equipment finance agreements that we have prepared.

Lessors and lenders offering multi-million dollar financing to major corporations benefit from strong documentation and standardized procedures. We pride ourselves on our experience in creating structures and negotiating terms.  We believe our unique experience in dealing with all market segments gives us the perspective and sophistication necessary to speak authoritatively.

Leveraged and Syndicated Transactions

We work extensively in the syndication and participation markets. We have experience with recourse and non-recourse borrowings and lines of credit and arrangements under which lease transactions are sold to banks and other funding sources.  Our work includes the review of originator lease documents as well as files relating to aged transactions.  We handle back-leveraging arrangements and leveraged leases.  Our lawyers routinely draft and negotiate secondary market documentation, including broker and discounting program agreements, outright or collateral assignments and participation agreements.

Our work with vendors includes the representation of captive leasing and finance companies and the negotiation of vendor program agreements including private label and other variations.  Our experience allows us to tailor our recommendation to the specific needs of the client, which include the creation of vendor lease documents that are secure and meet industry standards, while facilitating successful sales.

Auditing and other services

Marks & Associates, P.C. offers audits of existing portfolios. We often find that random legal audits expose deficiencies in insurance certificate, UCC filing and other documentation policies and tracking. We also offer employee training, utilizing our experience addressing leasing associations and individual clients as to best practices and policies.

We appreciate the need of our lessor and lender clients for creativity and the benefit of our experience, but also prompt and cost-effective service that recognizes that value of focusing on those issues most important to the client instead of those easiest to identify by the lawyers.