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Articles from Related Newsletters
New UCC Legislation: The Creation of a Substantial Debtor Name Due Diligence BurdenLJN's Equipment Leasing NewsletterTwo states recently enacted non-uniform amendments to UCC Article 9 that should be of urgent concern to the equipment leasing and finance industry.
Rediscovering Chapter 9The Bankruptcy StrategistEven though Chapter 9 of the Bankruptcy Code has been in effect for over 30 years, fewer than 100 cases have been filed during that time. Municipal bankruptcy cases — or, more accurately, proceedings involving the adjustment of a municipality’s debts — are a rarity, compared with reorganization cases under Chapter 11.
Parent Corporations and Their Subsidiaries' Liabilities: GuidelinesThe Corporate CounselorThere are many reasons to insulate parent and sibling entities from known exposure to which a particular subsidiary is subject. Protecting against such vulnerabilities are an important task for corporate counsel. This article explains.
Compensation for Condemnation of Temporary EasementsNew York Real Estate Law ReporterWhen the state condemns a temporary easement that encumbers the frontage of a vacant parcel, but uses the easement for only a fraction of the easement’s total duration, how should the landowner’s compensation be computed?
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Headlines
Take Caution Before Transferring Portions of a Project (Especially to Affiliates)Because the challenges facing a developer multiply when it no longer owns an entire project, careful planning and documentation are required in advance of any transfer. While this article addresses issues that arise when different portions of a project are owned by different parties (transfers in general), the main focus is on the issues that arise when different portions of the project are owned by affiliated parties (transfers to affiliates), primarily because those issues are easy to overlook.
In the Spotlight: Conducting Leasing Due Diligence? Watch for These Nine Lease ProvisionsThis article provides a brief explanation of nine aspects of leases that should be reviewed by the purchaser of income-earning commercial real property or its legal advisers during the due diligence period.
Bridging the Gap: Concepts Useful in Negotiating Commercial LeasesSome of the more contentious provisions in commercial leases have to do with the landlord’s right to recapture the leased premises upon an assignment or sublease; relocation of the tenant to other space; co-tenancy; netting of expenses; and acceleration of rent upon a default. Often the parties will be at loggerheads over these provisions and pessimistic that their differences can be bridged. However, there are concepts that can serve to bridge the gap, and this article discusses some of them in the context of those types of lease provisions.
Don’t Lien On Me: Considerations for Commercial Landlords When Tenants Improve PropertyCommercial landlords need to be aware of the specific mechanic’s lien laws in the states in which they own property and take all appropriate steps to ensure that their property does not become subject to a lien as a result of their tenant’s improvements.
The Leasing HotlineHighlights of the latest commercial leasing cases from around the country.
May issue in PDF format
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