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Features

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News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Lease Termination Fees May Be an Avoidable Preference Under the Bankruptcy Code Image

Lease Termination Fees May Be an Avoidable Preference Under the Bankruptcy Code

Stephen T. Skaff

Recently, the Eleventh Circuit considered whether future rent under a lease was "debt" for purposes of bankruptcy, and held that a tenant becomes "indebted" to the landlord for all future rental payments for the life of the lease at the moment the lease is executed.

Features

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Court Watch

Michael W. Tyler

Highlights of the latest franchising cases from around the country.

Features

The Use of 'Use' Clauses in Restaurant Leases Image

The Use of 'Use' Clauses in Restaurant Leases

William V. McRae, III

This article covers one important issue that can be problematic for both landlord and restaurant tenant if not thoughtfully addressed within the lease: the "use" clause.

How the New FDD Has Affected the Franchise Sales Process Image

How the New FDD Has Affected the Franchise Sales Process

David E. Hood

Based on what the author has heard since franchisors have updated their FDDs, there are mixed feelings as to whether changes to the Franchise Rule have improved or complicated the sales process from the perspective of franchisors.

Developments in Distressed Lending Image

Developments in Distressed Lending

Fredric Sosnick, Jill Frizzley & Robert Britton

Recently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.

Unprecedented Challenges in Commercial Real Estate Restructuring Image

Unprecedented Challenges in Commercial Real Estate Restructuring

Paul Melville & Melissa Dimitri

The authors identify some practical "watch out for's" when attempting to restructure a CRE entity against the backdrop of today's unprecedented market conditions.

Features

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

ELFA Survey Image

ELFA Survey

ALM Staff & Law Journal Newsletters

Salaries in the equipment finance sector remained largely unchanged in 2009, while total compensation declined across functions within the industry, according to the Equipment Leasing and Finance Association's 2010 Equipment Finance Compensation Survey.

League Impact on the Sports Team Bankruptcy Process Image

League Impact on the Sports Team Bankruptcy Process

Thomas J. Salerno & Jordan A. Kroop

In Part One of this article, the authors explored two recent Chapter 11 bankruptcy cases for the Chicago Cubs and the Texas Rangers. The conclusion herein discusses the Chapter 11 experience of the NHL's Phoenix Coyotes.

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