If the default looks hopelessly incurable, you may proceed in number of ways. You can: 1) offer to return the equipment to the lessor and pay the lease balance over an extended time; 2) offer to find a suitable sublease arrangement for the equipment; or 3) see whether the lessor will allow you to keep the equipment and make reduced payments on a month to month basis until you or the lessor can re-market the equipment. If all else fails in working out an acceptable solution with the lessor, it may be time for you to get a skilled attorney involved.

If you are able to reach a mutually acceptable solution, some lessors might require a formal forbearance agreement covering the new understanding. These agreements can take the form of an informal letter of understanding or an extensive legal agreement. The agreement form may depend on the size of the transaction and the preference of the lessor. Most lessors ultimately expect to be compensated for forbearing via a one-time forbearance charge, penalty rental payments or other means. Also, expect to reimburse the lessor for any legal expenses incurred to document a forbearance arrangement.

Most lessors don?t want to take legal action or cause customers hardships that will interfere with recovering their lease investment. This preference is weighted against the prospect of realizing a larger eventual loss by allowing the customer to retain the equipment. It is usually more advantageous for lessors to work with customers if the situation seems salvageable. The less desirable alternative is to go through an expensive and lengthy legal process to foreclose on the lease and attempt to repossess the equipment. Many large lessors have individuals in-house that specialize in managing ?work out? transactions. These specialists usually have had experience with many lessee payment defaults. Their mandate is to get the quickest recapture of the lease investment possible, subject to protecting the investment. If it becomes clear at any time that the lessor plans to take legal action against your firm rather than try to work with you to realize a mutually acceptable solution, get a skilled attorney involved. The attorney can provide you with your legal alternatives and may be able to assist you in negotiating with the lessor.

When your company?s fortunes take a turn for the worst and you have to modify payment terms with your leasing company and other creditors, don?t panic. This is the time to redouble your efforts and to draw up plans to remedy the situation. Early aggressive actions by you to develop solutions will pay great dividends. Make every effort to create and propose plans mutually acceptable to all parties. However, always be prepared seek legal help should grim reapers or Dementors show up at your door.

George Parker is a Director and Executive Vice President of Leasing Technologies International, Inc. (?LTI?), responsible for LTI?s marketing and financing efforts. A co-founder of LTI, Mr. Parker has been involved in secured lending and equipment financing for over twenty years. Mr. Parker is an industry leader, frequent panelist and author of several articles pertaining to equipment financing.

Headquartered in Wilton, CT, LTI is a leasing firm specializing nationally in direct equipment financing and vendor leasing programs for emerging growth and later-stage, venture capital backed companies. More information about LTI is available at: www.ltileasing.com.

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