February 27, 2001

 

 On Line

    Request A Proposal: Everything You Always Wanted To Know But Didn’t Know Who To Ask

               by W. Russell Runnalls, CLP

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Headlines--

 

   Finova Bailed Out by Buffett-Led Group

    eFinanceWorks Bites the Dust

     United Capital Survives---They Say.

       Advance Rentals and/or Committment Fees?

        VenServe Gets New CFO-- R. Jeff Macartney --formerly Balboa/Col.Pacific/LB Credit

         Sixty-Two Percent Of The $1 Million Plus Homes Sold In 2000 Were Located In
         California

          Viking Capital Enteres China Arena---

               Bob Rodi to Give Special China Leasing/finance Report in March---

 

   March 14,2001  The Los Angeles Venture Association:

  --  More than $100 billion in capital sources to be represented

               amongst the 65 speakers from leading firms in the investment capital field....

                   full story and agenda near end of report

 

        =         =            =               =                   =

  We are receiving many more reports about deals not getting funded by U.S.Capital,

  Santa Barabra, California.  We are told the address is a "mail drop."  We are

  working on this story and hope to have additional information by tomorrow. editor

 

 

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NEW YORK (VENTUREWIRE) -- Efinanceworks, an investment company launched a

year ago with $300 million from General Atlantic Partners and Capital Z

Partners, has shut down, according to Silicon Alley Daily. General Atlantic

and Capital Z, which founded efinanceworks to invest exclusively in

financial services companies, have laid off its 27 employees and will take

over its portfolio of 13 companies, according to the report. McKinsey & Co.

and Internet consultant Proxycom were also involved in the founding of

efinanceworks. Representatives from efinanceworks, General Atlantic

Partners, and Capital Z Partners couldn't be reached to comment on the

report.

 

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        United Capital Insider

 

I've been a reader for quite some time and really appreciate the work you do. 

 

I'm a former employee of United Capital's. I left of my own accord in mid-January to pursue

better options.  I had been the ..............  I'd prefer to remain anonymous to your readers,

but for your records and verification..........................,

I don't have a lot to tell you at this time.  The thing that struck me, however, was your post

about having been hacked (pasted below).  I don't have a lot to tell you, as I'm now out of the

loop, but I do want to let you know that Peter was very unhappy with your coverage (he doesn't

like the truth getting out).  He had all office emails monitored for quite some time; he read

every single one to try to figure out who was talking to you.  Seemed a bit silly to me, as

anyone in their right mind wouldn't write you from their work address.  I know it's a leap, but

not a huge one, to place my suspicions on Peter with regard to your hacking. I don't know what

you want to do with this, but I think you ought to keep an eye on him.

Keep up the good work, Kit.

 

Name With Held

 

  ( The overwhelming majority of our readers do not have company ISP addresses.

    We have quite a number of AOL, hotmail, yahoo, to name a few.  I am sure

    the communications come from their house or elsewhere, not the office.

 

    I don't want to believe the spammer and hackers are pre-meditated.

    There are other companies not happy with us, and I personally don't think Steve

    Dallas would do something like that, or even authorize it, or put up with it.

    I don't know who Peter is, but I can tell you, the truth ultimately prevails

    about what is happening.  It may not be today or next week, but the good you

    do is fleeting, but the bad lingers on forever. editor )

 

+           +               +                +             +

 

Information Leasing Corporation yesterday:  They are not buying any more of our

portfolio than the low 8 figure sale from late last year, but, at the

request of Lehman Brothers, they are taking over the servicing of the leases

funded through the $75 million Lehman facility ( balance owed Lehman is not

known at this time.)  We hope to dig ourselves out of this.

 

 ( This came from a highly reliable source inside United Capital. editor )

 

          +                 +                +

 

Rick at United Capital informed me that selling pieces of their portfolio is part of the

business.  It does not indicate a problem.  They saw the comments in your news letter but I am

surprised they have not commented.  Per Micki and Rick, "we are almost there" referring to

negotiations with Lehman Bro's.  They expect fundings by 3/1 possibly.  It appears the delays

are due to negotiating over small rate percentages.  Who knows!!  I look forward to their

resurrection.

 

-Paul

Capital Funding Group

Paul von Bruck <paulv@leaseapp.com>

 

          +           +          +

 

Late this afternoon:

 

Information Leasing Corporation / Provident Bank is indeed engaged by United to service their

portfolio through ILC's  Portfolio Servicing Unit. ILC has also been a buyer of portfolio from

United in the past.

R. M. Martinez

Vice President, Credit and Operations / COO

Information Leasing Corporation / The Provident Bank

1023 W. 8th Street

Cincinnati, OH 45203

513-763-2216

513-708-3337 Cellular

513-977-8746 FAX

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  Advance Rentals or Committment Fees

 

 

       Mike Meacher

 

  National Association of Equipment Brokers on "Advance Rentals"

 

You have published a variety of responses on the issue of securing advance fees.  There are

serious questions about the ethics and the legality of the most egregious forms of this

practice.

 

Permit me to tell your readers about a telephone call I received recently.  The callers

identified themselves as a Special Agent for the Federal Bureau of Investigation and a Special

Deputy Sheriff for the White Collar Crimes Task Force.  The callers assured me they were not

calling to investigate our business or any transaction in which I was involved.  As my heart

rate returned to normal, they did ask a variety of questions about the ways advance fees are

secured.  Most of the Leasing News readers understand more about the issue than these officers. 

 

Their purpose in contacting me, as NAELB President,  was to arrange a meeting to educate

themselves as to the standards of the industry, current thinking of legal experts in the

industry and my opinion about the methods these practices are abused. These guys were sharp,

took detailed notes and followed up with written confirmation to make sure they were clear on

the issues.

 

I am relating this to your readers to let them know that the FBI and various local law

enforcement agencies have made this very subject a focus of regional white collar crimes task

forces.  They won't catch all the bad guys and some they catch will come back reincarnated doing

the same game.  But consider, would you like to have received this call if the subject of the

investigation was you or your business practices?  If not, perhaps your anonymous author, and

others who perceive this activity as a "free lunch", might want to think again.

 

Happy hunting FBI.

 

Mike Meacher

President, NAELB

meacher@bankgrouponline.com

800-403-0422

 

 

 

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     NAELB Attorney Barry Marks Responds to Barry Reitman

 

I appreciate Barry Reitman's comments (any guy whose email address is "baldguy" is OK with me!).

 

I will answer both Barry and Charlie Meaker ("legalese", indeed!)by saying that Barry's overall

approach is what I had in mind.

 

The broker should spell out clearly what will be done with the advance rentals: when they will

be returned and when they will be kept. I might even add to Barry's letter that the advances

will be retained if the lessee furnishes false financial or other information.

 

So far as I'm concerned, if the lessee knowingly delivers a deposit which is not refundable if

it refuses to accept the lease it requested and then defaults the question is one of contract:

is it a clear statement to which the lessee agreed?

 

As Charlie rightly points out, however, some discretion should be exercised in retaining the

deposits. There are times when, even with a binding contract, the better part of valor is to

hand back the cash and write the bad experience off. Also, there will be ambiguous situations,

highly technical deals, unclear funder requirements, honest misunderstandings, etc.

 

My problem is the broker (or funder!) who keeps the cash because the lessee "should have known"

or because "it's only fair" WITHOUT A CLEAR AGREEMENT. Legally, this is weak. Ethically, it is

not much better, even if the lessee is wasting the broker's time.

 

Long-winded answer shortened to business terms: don't take and never try to keep advance rentals

if the lessee hasn't signed an agreement along the lines Barry Reitman described. You will

probably lose in court and you make us all look bad.

 

Barry Marks

www.leaselawyer.com

 

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 If "Advance Rentals" are a "Committment Fee"....

 

   Having read the comments from many industry professionals regarding the

propriety of retaining advance rentals, I have to agree with the policies and

protocols adopted by Barry Reitman at Keystone Leasing and John Craine at

PowerNet Financial Group that you may, under appropriate circumstances,

retain "advance rentals" (though "commitment fee" is a far better term). If

the parties agree, and the reason for the deal not going forward is solely

the lessee's decision, it may be appropriate to compensate the broker or

lessor for his or her work. Other scenarios may be more suspect and less

likely to withstand judicial scrutiny. And the "bait and switch" policies to

which all have taken offense are NEVER acceptable, but are tantamount to

fraud per se.

Ken Greene

 

Kenneth C. Greene  Associates

 

 +                 +              +                 +

 

   The Last Word on this Subject

 

I have been following all of the e-mails on the retention of advance rentals

(bait and switch) scam and I am a little shocked that more Lessors/Brokers

have not run into some of the scams we run into almost everyday. We are

located in Southern California and there are a number of companies

throughout the State (and I’m sure elsewhere) that are using all forms of

deceptive techniques to get the deal or take it off the street. Following is

a list of some of the “slick marketing techniques” we have run into that a

growing number of leasing companies are using to get the deal:

 

Sales Tax:  You are quoted a lease payment on the total cost including sales

tax, however, at time of funding you get a call from Customer Service and

you are informed that your payment is being adjusted for sales tax because

the previous payment was a “mistake” and did not include sales tax.

Transposed Numbers:  You are quoted a monthly lease payment of $301.00 but

the lease documents show up with a monthly lease payment of $310.00.

$1.00 vs. 10% Residual:  You request a $1.00 residual but you are quoted a

monthly lease payment based on a 10% residual (lower Payment).

Residual Letter:  You are quoted a residual of $1.00 but you never get a

residual letter documenting this agreement. Another form of this tactic is

to have a $1.00 residual letter in the documentation package but you never

get a copy that has been signed by the leasing company; at lease termination

you will be billed for 10%.

Extended Term:  You want a 5 year lease with the first and last in advance.

The lease documents indicate that the lease term is 62 months. The leasing

company just made 2 extra payments.

Your Approved:  You are told that you are pre-approved, or your Application

has been approved (in a matter of minutes or hours) and they will have the

documents (probably blank since they do not have a accurate equipment

description) right out to you. In actuality, it may not have even been to

their credit committee or bank for approval yet. They will do this after you

have signed the documents and they have your money. Upon approval they

increase the monthly amount. You accept it or they keep your front money.

Vendor Deposit:  You gave a 10% deposit to the vendor to hold the equipment

but want to finance the total equipment cost. You are quoted a payment on

the 90% still due the vendor. At time of funding the vendor is paid the 90%

still due and you never get your deposit back.

 

We are witnessing an alarming increase in these types of techniques. We

quote a transaction and get the  response that we are way to high. We

calculate the other payment quoted and find that the implicit rate is

ridiculously low. The Applicant has been tricked and we now have to try and

explain (without embarrassing him) that there is something wrong with his

quote. The problem is we are not sure which trick has been used and since

the Applicant has been quoted a payment or interest rate he loves, he is

hard to talk to at this point. The truth comes out sooner or later but it’s

to late then.

Our industry is being infiltrated by some very slick marketing types and

they are going to ruin it for all of us if we do not figure out how to get

rid of them soon. These companies are big and small, some are desperate to

increase slumping sales, and others are just in it for a quick buck. They

will bring high-level scrutiny to our industry and regulation will follow.

They are not merely telling “little white lies” to the Applicants, they are

just plain lying, deceiving and in a lot of cases defrauding the Applicant.

I have attached an Information Sheet we provide to our Applicants if we feel

we are competing against one of these scummy (leasing) marketing companies.

 

W. Russell Runnalls, CLP

Markay Financial Corporation

russ@markay.com

 

A copy of Mr. Runnalls Information Sheet may be found on line in our archives

in HTML http://www.leasingnews.org/archives/February%202001/2-27-01.htm

 

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                    "Doesn't give a 'dam' about rent or Citicorp's Program"

 

I really like the news letter but I do not give a dam about the rents in

silicon valley or Citicorp's program with Dell computers. These articles are

getting a bit too long.

 

Gary Psaledas

Western Equipment Financing

 

 

Dear Gary:

 

I appreciate your feedback.

 

First, you don't have to read everything that appears in any newspaper or newsletter

or whatever we are.  Skip it.  You may not be interested about CIT, but we do have

readers who are interested, or about the Farm Credit Bureau, or the latest leasing

software, or whatever. Read only what you are interested in reading.

 

I thought the significance of rent dropping in a major city is an indication of where the

economy is going. Especially San Francisco, which the story was about,

where many dot.com companies like the idea of the "City by the Bay."

San Francisco and Los Angeles ( maybe Seattle ) are the financial capitals of the West Coast.

One of my personal leading economic indicators are office rents available in an

area, the trend, and my personal one centers of the apartment rents I see up on

my way to work each day. I don't need to see the consumer confidence level,

or trade deficit, or "book to build" ratios. I don't need Alan Greenspan, even, to

tell me what is going on.

 

 For thirty years, I have taken the same route to work, even when I dropped the kids off to

school.  It takes me around the backside of Santa Clara University.

There are seasonal times you see "for rent" signs posted, but normally you never see

them as there is a very big demand to live in this area close to the University.

Now, in the season, and I drive by the apartments and houses, and start to see more

and more "for rent" signs out...it means to me more people are "doubling" and "tripling"

up, moving back home, and the demand is down.  It means a slowing of the economy to

me. It means less demand.  It means a down turn. The more signs up, the more the economy is

slowing down. Other people may go on the internet, read magazines, books, and attend

conferences. But when I see more "for rent" or rentals prices falling---watch out.  That's one

of the reasons why I included the story in Leasing News.

 

Third, Dell. As American Leasing, we do about $100,000 a month, often, would like

to do more, of course, with Dell Computer. Years ago we did more, when they did not have their

own financing plan.  Sometimes they even refer clients to us they can't finance any more.  If

they did not have their own financing, we would do more, you might be doing more, and the trend

over the years is more "captive financing," especially on the smaller units.  When I started in

business 30 years ago we had dictaphone, AM Multi graph, and at one time, I did all of Apple

Computer leasing, but they wanted a national company---that is another story---so by being aware

of what is happening in our industry, especially from your competition ( or vendor ).

The more you know about your competition or what they are promoting, the more information

you have to present your advantages.

 

To those of you, who remember the old sage advice, " Don't Look Back, because someone

may be catching up with you."  Baloney.  One, this is not a foot race, so the analogy

is not right as you should be aware of all you competition and adjust to it. Two, when I ran

track, I tried to set my own pace, but at the end, I would glance to my side or back, and if I

saw someone turning on the speed, I somehow found the ability to run faster.

Keep on truckin' !!!

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Finova Bailed Out by Buffett-Led Group

 

The Finova Group, Berkshire Hathaway and Leucadia National announced that they have entered into an agreement for a $6 billion loan to Finova Capital, the principal operating subsidiary of The Finova Group, in connection with a restructuring of all of Finova Capital's outstanding bank and publicly traded debt securities. The restructuring will be accomplished pursuant to proceedings under Chapter 11 of the United States Bankruptcy Code. Finova expects to file a petition for reorganization under Chapter 11 in the near future.

Subject to necessary approval of creditors and the court, Finova Capital will use proceeds of this $6 billion senior secured five year term loan to pay down, at par value, its existing bank and publicly traded indebtedness on a pro rata basis. The balance of Finova Capital's bank and bond indebtedness will be restructured into approximately $5 billion of new senior notes of Finova.

The $6 billion loan will be made by Berkadia, an entity formed for this purpose and owned jointly by Berkshire Hathaway and Leucadia. Berkadia has received a $60 million commitment fee and, in addition to certain other fees, will receive an additional $60 million fee upon funding under the agreement. Berkadia's commitment for the loan has been guaranteed by Berkshire Hathaway and Leucadia and expires on August 31, 2001, or earlier, if certain conditions are not satisfied. Berkadia expects to finance its funding commitment and Berkshire Hathaway will provide Berkadia's lenders with a 90% primary guarantee of such financing, with Leucadia providing a 10% primary guarantee and Berkshire providing a secondary guarantee of Leucadia's guarantee. Upon completion of the reorganization as currently contemplated, Berkshire Hathaway and Leucadia together will receive common stock representing 51% of Finova's outstanding shares and the public will retain its existing shares. Berkadia will be entitled to designate a majority of Finova's board of directors.

Finova currently has cash on hand of approximately $1 billion, which will be available in the bankruptcy proceedings to address commitments to customers, operating expenses, claims and expenses of the bankruptcy and expenses related to the consummation of the restructuring.

In connection with the agreements, Finova and Leucadia have entered into a 10-year management agreement under which Leucadia is providing general management services to Finova in exchange for an $8 million annual fee. Lawrence S. Hershfield, an executive of Leucadia, has been appointed Chief Restructuring Officer of Finova and will work closely with a special committee of Finova's board of directors to complete the restructuring.

Completion of the transaction is subject to negotiation and approval of definitive loan documentation, Berkadia's approval of the terms and conditions of Finova's restructuring plan and bankruptcy court and necessary creditor approval of the plan of reorganization.

In connection with the agreements, Finova Capital announced a moratorium on repayment of principal on its outstanding bank and bond debt. The purpose of the moratorium is to help assure that all creditors are treated equitably in the debt restructuring process. It is the company's intention to schedule a meeting with creditors in the near future.

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  Viking Capital Group Signs Agreement With Chinese Privatization Authority

 

 

DALLAS--(BUSINESS WIRE)--Feb. 27, 2001--Viking Capital Group, Inc., (OTC:VGCP), announced today

the signing of a strategic agreement with Oriental Enterprise Holdings Entrustment & Operation

(H.K.) Co. Ltd., (Oriental) that makes Viking the representative in the Americas of any

interested purchaser of a privatized company or asset in China.

 

Oriental is a governmental entity organized by several national ministries of the People's

Republic of China (PRC) including the Ministry of Foreign Trade and Economic Cooperation, the

State Economic Restructuring Commission, the Ministry of Construction and the Ministry of

Science and Technology. Oriental is responsible, among other things, for the coordination of

privatization of assets and companies owned by the Chinese Government who last October was

entrusted to handle all privatization in the PRC.

 

Viking will act as a conduit through which Chinese companies are presented to investors in all

of the Americas. Viking will receive a fee based on the purchase price of each entity that is

privatized. Viking plans to contract with commercial brokers and investment banking houses

wishing to participate in the sales of such Chinese privatized companies to facilitate locating

interested buyers. As an indicator of the interest of investment in China, during the first 10

months of last year, according to statistics from the Ministry of Foreign Trade and Economic

Cooperation (MOFTEC), the number of newly approved overseas-invested companies in the country

totaled 17,493 with a contractual investment volume of US$ 43.516 Billion. According to other

statistics from MOFTEC for the same period, the total number of overseas-invested ventures was

359,306 with contractual investment volume of US$ 657.577 billion. Direct investment volume from

 

 

overseas was US$ 339.254 billion.

 

William Fossen, chairman of Viking, said, "This agreement offers Viking a singularly unique

opportunity to generate fee income in our corporate services business model. Our team's network

of business contacts in the PRC and in the Americas provides an answer to Oriental's

privatization challenges, and Viking is pleased to be a part of this historic process."

 

Zengh Ming Lu, executive managing director of Oriental, said, "We are looking forward to

building on the relationship with Viking Capital Group as our representative in the Americas. As

 

 

China draws closer to WTO entry, we expect enhanced direct and indirect investment into China.

We similarly expect that Viking will play a significant role as a catalyst in transactions

between privatized Chinese companies and interested parties in the Americas."

 

About Oriental Holdings Entrustment & Operation (H.K.) Co., Ltd.

 

Oriental Holdings Entrustment & Operation (H.K.) Co., Ltd. (OEHEO) is based in Hong Kong and is

a wholly owned subsidiary of The Parent based in Beijing, China. OEHEO (The Parent) is a Chinese

 

 

government owned and controlled entity which is privatizing its corporations. OEHEO was

entrusted last year with all privatization in China. See web site WWW.OEHEO.COM

 

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            VenServ, Inc. Announces Appointment of New CFO

 

 

AGOURA HILLS, Calif., Feb. 27 /PRNewswire/ -- VenServ, Inc., ("VenServ") the premier provider of innovative, web-based product financing solutions, today announced that industry veteran R. Jeff

Macartney has joined the company in the position of Chief Financial Officer.

 

Mr. Macartney comes to VenServ with over 20 years of experience in the financial services

industry.  He has managed financial institutions, fast growth companies and companies undergoing mergers and acquisitions.  He has held the Chief Financial Officer / Controller position in many segments of the leasing industry.  He also has significant experience with designing and

implementing control systems to support strategically focused operations.

 

Prior to joining VenServ, Mr. Macartney was Controller for Pitney Bowes Financial Services

(PBFS), Stamford, CT, which offers equipment and real estate leasing, mortgage servicing, credit cards and business lines of credit. PBFS is a SEC registrant which owns and operates a banking

operation and a NASD-registered broker dealer.  Mr. Macartney was also Chief Financial Officer

of a PBFS subsidiary, Colonial Pacific Leasing, which was successfully sold to GE Capital.

 

Prior to Pitney Bowes, Mr. Macartney's positions have included Chief Financial Officer for small ticket lessor Balboa Capital (Irvine, CA), Senior Vice President of Operations and

Administration for a Bank Austria leasing subsidiary, LB Credit Corporation (San Francisco, CA)

and Vice President of Finance for an Allied Signal equipment leasing and real estate financing

subsidiary, Signal Capital Corporation (Hampton, NH).

 

"It is with great pleasure that we welcome Jeff Macartney to the VenServ senior management

team," says Robert D. Parker, President and CEO.  "Jeff's leasing industry experience,

professional financial management capabilities and experience with creating and operating many

different business models are strengths which are vital to this company as it continues to grow

rapidly and evolve."

 

About VenServ:  

 

VenServ, Inc. is the premier provider of innovative, web-based product financing solutions. 

Serving small, medium-sized and Fortune 1000 companies, VenServ provides a quick and efficient

method of financing equipment purchases.  The company strives to deliver total customer, vendor

and underwriter satisfaction through its "high tech, high touch" approach. VenServ's

proprietary, fully integratable and web-enabled credit decisioning and application processing

system ("VenStat") offers a seamless, secure and scalable solution.  VenStat improves

information processing, increases sales and expands the client base for VenServ's vendor

partners and offers better quality transaction flow to VenServ's underwriter partners.  VenServ

is backed by Warburg Pincus (see below).  More information is available at www.venserv.com or by

 

calling 818-735-0439.

 

About Warburg Pincus:  

 

Warburg Pincus is one of the largest and most established private equity investment firms

worldwide.  It operates from nine offices covering North America, Europe, Asia Pacific, and

Latin America.  The firm has accumulated more than 30 years of experience and an outstanding

track record in serving as a strategic financial partner to more than 400 teams of operating

executives engaged in building durable and successful businesses.  Warburg Pincus maintains a

distinctively long-term and active investment style, deep expertise in key industry sectors

including information technology, financial services, media and communications, and healthcare,

and a proprietary global network.  For more information, please visit www.warburgpincus.com.

 

SOURCE  VenServ, Inc.

 

CO:  VenServ, Inc.; Warburg Pincus

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The West Coast's Premier Investment Capital Conference Scheduled to Provide Sources of Capital For Emerging Growth Companies

 

 

LOS ANGELES--(BUSINESS WIRE)--Feb. 27, 2001--The Los Angeles Venture Association:

 

--  More than $100 billion in capital sources to be represented

 

amongst the 65 speakers from leading firms in the investment

 

capital field.

 

--  Keynote speakers include former U.S. Vice Presidential

 

candidate Jack Kemp and Bill Stensrud of Enterprise Partners

 

Venture Capital.

 

The Los Angeles Venture Association (LAVA) today announced that its annual Investment Capital Conference is to take place on Wednesday, March 14, 2001, beginning at 7:30 a.m. at the Westin Bonaventure Hotel in downtown Los Angeles.

 

This popular full-day event is in its eighth consecutive year and is now firmly established as the premier regional investment banking and venture capital event in Southern California.

 

Sponsored by LAVA, the Investment Capital Conference is the West Coast's largest investment conference, and addresses the emerging growth and middle market companies seeking new capital. This year's conference features more than 65 speakers from the investment capital field whose firms provide financing for public and private debt and equity transactions, ranging in size from under $500,000 to over $500 million.

 

Some of the topics to be discussed include: how to find and access capital in today's market; the types of deals that are currently being funded and by whom; qualification criteria; the latest trends in debt and equity financing; and how to position your company or client to raise capital. Keynote speakers are former U.S. Vice Presidential candidate Jack Kemp and Bill Stensrud of Enterprise Partners Venture Capital.

 

"The annual Investment Capital Conference continues to go from strength to strength," said Michael D. Donahue, chairman of the conference. "This year we are anticipating around 1,200 participants, and in addition to our keynote speakers, we will be featuring a broad range of top-tier panel guests representing some of the best-known names in investment banking, venture capital, banking and securities."

 

Kevin Shultz, managing director of the Seidler Cos. Inc., commented, "It has been my privilege to have been co-chairman of LAVA's Investment Capital Conference since its inception in 1994. To my knowledge, this is the only conference in Southern California that showcases a broad spectrum of capital sources for companies with up to $500 million in sales. This is of particular relevance to those companies attempting to access capital for growth in today's challenging market conditions."

 

LAVA is a non-profit association that supports emerging growth companies in Southern California by providing access to financial, professional and technological resources.

 

Note to Editors:

 

The following is the schedule of speakers and their affiliations for the Investment Capital Conference 2001. For further information, contact LAVA at 888/285-1866, or visit www.lava.org. Interviews with participants prior to or during the conference can be scheduled with Christi Mottola at 949/851-1109 or David Watson at 818/789-0100.

 

                The Investment Capital Conference 2001

 

           March 14, 2001 -- Bonaventure Hotel, Los Angeles

 

 

 

                                AGENDA

 

 

 

7:30-8:30       Registration -- Continental Breakfast

 

 

 

8:30-8:45       Welcome and Introductory Remarks

 

                Bob Pearlman, President of LAVA

 

                Michael Donahue, Conference Chairman

 

 

 

8:45-9:30       Morning Keynote -- Bill Stensrud

 

                San Francisco Room        Live

 

                Catalina Room             Live Video -- Upstairs

 

                Hollywood Ballroom        Live Video -- Upstairs

 

 

 

9:30-10:30      Case Study -- Financing the Emerging Growth Company

 

                San Francisco Room        Live

 

                Catalina Room             Live Video -- Upstairs

 

                Hollywood Ballroom        Live Video -- Upstairs

 

 

 

         Arena Pharmaceuticals, its investment banker, a strategic

 

         investor and its independent accountant and business advisor

 

         will discuss how the company funded initial operations and

 

         research efforts to develop a unique approach for drug

 

         discovery. Arena raised more than $50 million through several

 

         early rounds of funding, including non-traditional sources,

 

         then completed a successful $120 million IPO in July 2000.

 

 

 

         Moderator: Aubie S. Goldenberg     Ernst & Young

 

         Speakers:  Jack Lief               Arena Pharmaceuticals

 

                    John P. McAlister       Tripos Inc.

 

                    Gill Sawhney            Thomas Weisel Partners

 

 

 

10:30-10:55     Break

 

 

 

10:55-12:15     Break Out Session I

 

 

 

                Investment Banking I -- San Diego Room

 

                    Initial public offerings, private placements.

 

 

 

         Moderator: Michael D. Donahue      Donahue & Mesereau LLP

 

         Speakers:  Bart Gurewitz           Wedbush Morgan Securities

 

                    Bob Hambrecht           WR Hambrecht & Co.

 

                    Michael Krall           Raymond James &

 

                                              Associates Inc.

 

                    Tim McQuay              A.G. Edwards

 

                    Patrick J. Power        J.P. Turner & Co. LLC

 

                    Byron C. Roth           Roth Capital Partners

 

 

 

                Senior Debt Financing -- Sacramento Room

 

                    Bank financing, asset-based financing and cash

 

                    flow lending.

 

 

 

         Moderator: Stanton C. Marcus       Coast Business Credit

 

         Speakers:  Michael W. Adler        Fleet  Capital Corp.

 

                    Gail K. Bernstein       PNC Business Credit

 

                    Barrey Davis            Coast Business Credit

 

                    Tom Harrison            Foothill Capital Corp.

 

                    Thomas Shockley         CIT Business Credit

 

                    Monique Tyler           Celtic Capital Corp.

 

 

 

                Financing the Publicly Traded Company -- San Jose Room

 

                    Financing the publicly traded company: secondary

 

                    offerings, private placements for public

 

                    companies, after the IPO -- dealing with

 

                    securities analysts, brokers, the media and

 

                    shareholders, organizing the disclosure program

 

                    for the public company, building market cap and

 

                    avoiding mistakes and liabilities, and investor

 

                    relations. Impact of changes to Nasdaq listing

 

                    requirements. SEC Reg. FD.

 

 

 

         Moderator: Michael G. Gardner      Wedbush Morgan Securities

 

         Speakers:  William F. Coffin       Coffin Communications

 

                                              Group

 

                    Paul L. Kessler         Bristol Capital LLC

 

                    Elizabeth O. Pierce     Wedbush Morgan Securities

 

                    Glenn A. Arbeitman      The N.I.R. Group

 

 

 

12:15-2:25      Luncheon Keynote Speaker -- Jack Kemp

 

 

 

                San Francisco Room        Live

 

                Catalina Room             Live Video -- Upstairs

 

                Hollywood Ballroom        Live Video -- Upstairs

 

 

 

2:25-3:45       Break Out Session II

 

 

 

                Early Stage Financings -- San Diego Room

 

                    Angel investors, early stage venture capital,

 

                    bridge loans, private placements, venture leasing,

 

                    direct public and private offerings, raising money

 

                    on the Internet, reverse mergers, government

 

                    grants, Community Development Bank financing.

 

 

 

         Moderator: Michael D. Donahue      Donahue & Mesereau LLP

 

         Speakers:  Duke Bristow            U.C.L.A.

 

                    Jeffrey Carmody         Agility Capital LLC

 

                    Ken Deemer              Tech Coast Angels

 

                    Steven A. Kriegsman     The Kriegsman Group

 

                    Deborah La Franchi      Genesis L.A. Economic

 

                                              Growth Corp.

 

                    Lonnie L. Langdon       LSI Capital

 

                    Tyler Orion             Pacific Incubation Network

 

                    Eric D. Wedbush         E*Capital Corp.

 

                    Clay Womack             Direct Capital

 

                                              Markets Inc.

 

 

 

2:25-3:45       Mezzanine Financing -- Sacramento Room

 

                    Subordinated debt and minority equity financing

 

                    for growth, acquisition and shareholder liquidity

 

                    for private and public companies.

 

 

 

         Moderator: Noel R. Ryan, Jr.       Houlihan Lokey Howard

 

                                              & Zukin

 

         Speakers:  Gregory B. Davis        Key Principal Partners LLC

 

                    Jeri J. Harman          American Capital

 

                                              Strategies

 

                    Mark K. Holdsworth      Tennenbaum & Co. LLC

 

                    Michael A. Kane         Libra Mezzanine Partners

 

 

 

                Corporate Investment/Strategic Alliances --

 

                San Jose Room

 

                    Investments by corporate investors, strategic

 

                    investments, strategic alliances.

 

 

 

         Moderator: Edwin A. Moss           Alexander Dunham Capital

 

         Speakers:  Troy Fukumoto           SunAmerica Ventures

 

                    Jonathan E. Funk        Allegis Capital

 

                    Prashant Kantak         QUALCOMM Ventures

 

                    Paul Kusserow           Tenet Healthcare Corp.

 

                    Brian Paul              Lehman Brothers Venture

 

                                              Capital Group

 

                    Robb Taylor             Granite Capital Partners

 

 

 

3:45-4:10       Break

 

 

 

4:10-5:30       Break Out Session III

 

 

 

                Investment Banking II -- San Diego Room

 

                    Initial public offerings, secondary offerings,

 

                    private and public debt offerings.

 

 

 

         Moderator: Bob Pearlman            Grant Thornton LLP

 

         Speakers:  Frank J. Drazka         UBS Warburg LLC

 

                    Howard R. Gurvitch      Bear, Stearns & Co. Inc.

 

                    Jeff Nordhaus           Goldman Sachs & Co.

 

                    J. Jason Phillips       Wit SoundView

 

                    David Posnick           Credit Suisse First Boston

 

 

 

                Venture Capital Plan -- Sacramento Room

 

                    Early stage venture capital financings, venture

 

                    lending.

 

 

 

         Moderator: John A. Laco            O'Melveny & Myers LLP

 

         Speakers:  Massoud Entekhabi       TL Ventures

 

                    Jeremy Hogue            Audax Group

 

                    Frank R. Kline          Kline Hawkes & Co.

 

                    Joseph Marks            Smart technology

 

                                              Ventures III L.P.

 

                    Edwin J. Sauve          Silicon Valley Bank

 

                    Todd A. Springer        Trident Capital

 

 

 

                Acquisition Capital -- San Jose Room

 

                    Institutional private placements, leveraged

 

                    buyouts, recapitalizations, acquisition financing,

 

                    industry consolidations and exit strategies.

 

 

 

         Moderator: Kevin W. Shultz         The Seidler Cos. Inc.

 

         Speakers:  Stephen Adamson         Celerity Partners

 

                    Martin M. Jelenko       Century Park Capital

 

                                              Partners LP

 

                    Peter Nolan             Leonard Green &

 

                                              Partners L.P.

 

                    Robert Poletti          Levine Leichtman Capital

 

                                              Partners

 

                    Peter Seidler           The Seidler Co. LLC

 

 

 

5:30-7:00       Cocktail Reception -- Foyer

 

CONTACT: 

 

Los Angeles Venture Association, Santa Monica, Calif.

 

Mike Donahue, 310/277-1441

 

Christyne Buteyn, 888/285-1866

 

or

 

Coffin, Mottola Communications, Irvine, Calif.

 

Christi Mottola, 949/851-1109

 

----------------------------------------------------------------------------------------------

 

 

 

Sixty-Two Percent Of The $1 Million Plus Homes Sold In 2000 Were Located In California

 

  ( Why you don't want to live on the San Francisco Peninsula ( which includes Silicon Valley )

 

 

PARSIPPANY, N.J.--(BUSINESS WIRE)--Feb. 27, 2001-- 

 

Massachusetts, Illinois, Florida And Connecticut Round Out Top

 

Five States In A Coldwell Banker Home Sales Survey

 

Nearly two-thirds of the 8,658 homes sold in 2000 by Coldwell Banker(R) Real Estate

professionals with sale prices in excess of $1 million were located in California, including one

 

Woodside estate that sold for $52.5 million.

 

A review of the Coldwell Banker affiliate sales data shows that California was home to nine of

the ten most expensive properties sold in 2000, and that San Francisco was first among cities on

 

the list, with 307 million-dollar-plus homes sold.

 

Joining California in the top five in 2000 were Massachusetts (416), Illinois (413), Florida

(381) and Connecticut (353). (Complete national data is listed below.)

 

The Coldwell Banker Previews(R) program, the real estate corporation's exclusive luxury property

 

marketing program, set new records in sales units and volume in 2000. Coldwell Banker affiliates

 

sold 2,311 more luxury properties in 2000 than in 1999 - the previous high-water-mark - and

total sales volume reached $16 billion. The average luxury home sold for $1.9 million, also up

from 1999's $1.75 million.

 

"One major factor supporting the previous two record-breaking years in our Coldwell Banker

Previews(R) marketing program is the baby-boomer generation reaching their peak homebuying years

 

with ample resources available to move up to their 'dream home'," said Alex Perriello, president

 

and CEO of Coldwell Banker Real Estate Corporation. Perriello added that the Previews name has

become such a influence in the market because of the consistent service offered by Coldwell

Banker Previews(R) Specialists, "they are proficient at marketing luxury properties and

delivering the level of service and support demanded by such exclusive clientele."

 

----------------------------------------------------------------------

 

                  TOP 10 MOST EXPENSIVE HOMES IN U.S.

 

----------------------------------------------------------------------

 

City                           State                       Price

 

----------------------------------------------------------------------

 

Woodside                       California                  $52,500,000

 

----------------------------------------------------------------------

 

Atherton                       California                  $45,000,000

 

----------------------------------------------------------------------

 

Santa Barbara                  California                  $38,000,000

 

----------------------------------------------------------------------

 

Incline Village                Nevada                      $32,000,000

 

----------------------------------------------------------------------

 

Atherton                       California                  $30,000,000

 

----------------------------------------------------------------------

 

Woodside                       California                  $24,500,000

 

----------------------------------------------------------------------

 

Montecito                      California                  $23,500,000

 

----------------------------------------------------------------------

 

Atherton                       California                  $23,000,000

 

----------------------------------------------------------------------

 

Atherton                       California                  $22,000,000

 

----------------------------------------------------------------------

 

Woodside                       California                  $22,000,000

 

----------------------------------------------------------------------

 

----------------------------------------------------------------------

 

      NUMBER OF HOMES SOLD IN EXCESS OF A MILLION-DOLLAR BY STATE

 

----------------------------------------------------------------------

 

State         Units   Top Sale        State        Units      Top Sale

 

------------------------------------------------------------------------

 

Alabama       4       $6,350,000      Montana          3      $1,250,000

 

------------------------------------------------------------------------

 

Arizona       90      $9,645,000      North Carolina   18     $5,510,180

 

------------------------------------------------------------------------

 

California    5,350   $52,500,000     North Dakota     1      $1,100,000

 

------------------------------------------------------------------------

 

Colorado      150     $7,145,000      New Hampshire    9      $2,000,000

 

------------------------------------------------------------------------

 

Connecticut   353     $16,199,820     New Jersey       293   $13,700,000

 

------------------------------------------------------------------------

 

Washington    2       $1,900,000      New Mexico       10     $3,550,000

 

D.C.

 

------------------------------------------------------------------------

 

Florida       381     $8,750,000      Nevada           61    $32,000,000

 

------------------------------------------------------------------------

 

Georgia       86      $4,800,000      New York         159    $8,875,000

 

------------------------------------------------------------------------

 

Hawaii        149     $14,000,000     Ohio             21     $3,000,000

 

------------------------------------------------------------------------

 

Iowa          3       $2,175,000      Oklahoma         1      $1,450,000

 

------------------------------------------------------------------------

 

Idaho         3       $5,050,000      Oregon           38     $6,950,000

 

------------------------------------------------------------------------

 

Illinois      413     $12,000,000     Pennsylvania     16     $3,200,000

 

------------------------------------------------------------------------

 

Indiana       2       $1,800,000      Puerto Rico      1      $1,000,000

 

------------------------------------------------------------------------

 

Kansas        3       $2,500,000      South Carolina   6      $3,350,000

 

------------------------------------------------------------------------

 

Kentucky      7       $1,643,040      South Dakota     1      $1,200,000

 

------------------------------------------------------------------------

 

Louisiana     2       $1,500,000      Tennessee        8      $5,000,000

 

------------------------------------------------------------------------

 

Massachusetts 416     $6,496,450      Texas            139   $10,000,000

 

------------------------------------------------------------------------

 

Maryland      11      $2,375,000      Utah             14     $2,195,000

 

------------------------------------------------------------------------

 

Maine         6       $2,385,000      Virginia         27     $3,500,000

 

------------------------------------------------------------------------

 

Michigan      40      $3,000,000      Vermont          1      $1,000,000

 

------------------------------------------------------------------------

 

Minnesota     102     $5,175,000      Washington       203    $7,450,000

 

------------------------------------------------------------------------

 

Missouri      33      $3,172,997      Wisconsin        19     $3,500,000

 

------------------------------------------------------------------------

 

Mississippi   1       $1,160,000      Wyoming          2      $2,950,000

 

------------------------------------------------------------------------

 

 

 

 

 

----------------------------------------------------------------------

 

         TOP TEN MILLION DOLLAR HOMES SALES BY CALIFORNIA CITY

 

----------------------------------------------------------------------

 

City                            Units                     Top Sale

 

----------------------------------------------------------------------

 

San Francisco                   307                       $20,000,000

 

----------------------------------------------------------------------                          

 

  

 

Los Altos                       273                       $21,000,000

 

----------------------------------------------------------------------

 

Los Angeles                     256                        $8,500,000

 

----------------------------------------------------------------------

 

Newport Beach                   202                        $8,000,000

 

----------------------------------------------------------------------

 

Palo Alto                       189                        $6,750,000

 

----------------------------------------------------------------------

 

Malibu                          172                       $22,000,000

 

----------------------------------------------------------------------

 

Saratoga                        152                       $11,500,000

 

----------------------------------------------------------------------

 

Beverly Hills                   151                        $8,000,000

 

----------------------------------------------------------------------

 

Menlo Park                      140                        $6,000,000

 

----------------------------------------------------------------------

 

Laguna                          133                        $9,500,000

 

----------------------------------------------------------------------

 

For 94 years, the Coldwell Banker organization has been the premier provider of full-service

real estate. Coldwell Banker Real Estate Corporation, a subsidiary of Cendant Corporation (NYSE:

 

CD), has more than 3,000 independently owned and operated residential and commercial real estate

 

offices with over 72,000 Sales Associates globally. The company is an industry leader in

residential real estate, and in niche markets such as resort, new homes and luxury properties

through its Previews(R) program. The company is a pioneer in consumer services with its Coldwell

 

Banker Concierge(sm) program and award-winning Web site, www.coldwellbanker.com. The Coldwell

Banker Commercial(R) division is one of the largest commercial franchise operations with over

400 affiliates offering clients comprehensive buying, selling, leasing, acquisition, disposition

 

and management services.

 

CONTACT: 

 

Cendant Corporation 

 

Gabrielle Sertich, 973/496-7199    

 

gabrielle.sertich@cendant.com 

 

or

 

Dan Davenport, 973/496-5590 

 

dan.davenport@cendant.com

 

KEYWORD: NEW JERSEY

 

 

 

 

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